A decade after Colorado and Washington state approved cannabis for recreational use, prohibitions have fallen across the country as an overwhelming share of U.S. adults support legalization of the drug.
Recreational marijuana is currently legal in 24 states and Washington, D.C. Another 17 states have legalized the use of marijuana solely for medical purposes, with varying caveats in each state's laws.
Federally, marijuana is still classified as a Schedule I drug, alongside heroin and LSD, and can carry criminal penalties for possession. Last summer however, the Health and Human Services Department suggested the federal government move marijuana to the less tightly regulated Schedule III list. The Drug Enforcement Administration, which has the final say, said it will take up the issue. Documents released earlier this year show FDA scientists have concluded marijuana is not as prone to abuse as other tightly controlled substances and has potential medical benefits.
President Joe Biden has issued pardons to thousands of people for federal marijuana possession and commuted long sentences handed down for nonviolent drug offenses. In 2022, he urged governors to pardon state offenses
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Meanwhile, here's where each state stands on the issue:
States where marijuana is fully legal
Alaska: Adults over the age of 21 can legally use and possess up to an ounce of marijuana recreationally, though it is still illegal to consume in public and punishable by a fine of up to $100. Adults may also cultivate up to six marijuana plants in a household, but only three of the plants can be mature.
Arizona: Adults 21 and over can use, possess and buy up to 1 ounce of marijuana of which not more than 5 grams of that allowable ounce can be marijuana concentrates. Medical card holders can posses more than twice that amount. However, smoking or vaping marijuana in public remains illegal. Adults 21 and older can legally cultivate up to six plants in a home.
California: Adults over the age of 21 can legally buy and posses 1 ounce of cannabis or up to 8 grams of concentrated cannabis for recreational use. For medicinal use with a physician's prescription, the age drops to 18 and users have higher possession limits. The sale of cannabis is legal at licensed dispensaries and adults can grow up to six cannabis plants at home, though rules on cultivating requirements vary by cities and counties. Marijuana use in public spaces remains illegal.
Colorado: Residents over the age of 21 can buy up to 1 ounce of marijuana, 8 grams of marijuana concentrate or marijuana products containing up to 800 milligrams of THC in a single transaction. The law limits possession to 2 ounces of "retail" marijuana, purchased from a licensed dispensary.
Connecticut: Adults over the age of 21 are allowed to possess or consume up to 1.5 ounces (42.5 grams) of “cannabis plant material” and up to 5 ounces (141.7 grams) in a locked container in a home or in the trunk or locked glove box in the person’s vehicle.
Delaware: People 21 and older can possess up to up to 1 ounce (28 grams) of leaf marijuana, 12 grams of concentrated marijuana, or marijuana products containing up to 750 milligrams of the psychoactive compound THC. Possession of more than an ounce of marijuana and public consumption would remain misdemeanors.
Illinois: Residents over the age of 21 may purchase and possess up to 1 ounce of marijuana at any time. Non-residents may have 15 grams. However, consuming it in public places remains illegal.
Maine: In Maine, anyone over 21 can possess up to 2.5 ounces (70.9 grams) of marijuana. An adult can also cultivate up to three flowering marijuana plants and 12 immature plants.
Maryland: In Maryland, people 21 and older can possess up to 1.5 ounces of cannabis flower, 12 grams of concentrated cannabis or a total amount of cannabis products that does not exceed 750 mg THC
Massachusetts: Adults over the age of 21 possession of up to 1 ounce of marijuana outside the home and up to 10 ounces inside their homes. If you're caught with more than 2 ounces of marijuana outside the home, it's a criminal offense. Residents may also grow up to six plants per person and up to 12 plants per household, but not in public view. However, landlords may prohibit tenets from growing pot plants.
Michigan: Michigan residents who are 21 or older can possess or transport up to 2.5 ounces (70.8 grams) of marijuana. They can grow up to 12 plants, although not in public view. They also can give 2.5 ounces (70.8 grams) to another person, but not for payment
Minnesota: Adults 21 and older can possess and travel in the state with 2 ounces of cannabis flower, 8 grams of concentrate and 800 milligrams worth of THC-containing edible products such as gummies and seltzers. They can have up to 2 pounds of cannabis flower at home.
Missouri: Adults 21 and older can purchase and posses 3 ounces of marijuana. Medical patients are allowed to buy 6 ounces per 30-day period. Residents may also have up to six flowering plants at home, but are required to register for a cultivation card through the state's health department. The cost of the card is $100.
Montana: Adults 21 and older can buy and possess an ounce of cannabis, up to 8 grams of concentrate or edibles containing up to 800 mg of THC — the main psychoactive compound in cannabis. But adult-use marijuana businesses are not allowed in counties where the majority of voters rejected the recreational marijuana ballot measure that passed in 2020.
Nevada: Anyone who is over 21 with a valid ID can buy up to an ounce of pot or one-eighth of an ounce of edibles or concentrates. People can only use the drug in a private home as it remains illegal to consume it in public, except for at licenses businesses with established on-site consumption lounges. Residents can grow six plants a person, and 12 plants per household.
New Jersey: Dispensaries are allowed to sell up to the equivalent of 1 ounce of cannabis, which means an ounce of dried flower, or 5 grams of concentrate or 1,000 milligrams of edibles, like gummies to adults 21 and older. The state decriminalized possession of 6 ounces (170 grams) or less of marijuana or about three-fifths of an ounce (17 grams) of hashish.
New Mexico: In April 2021, New Mexico Gov. Michelle Lujan Grisham signed a bill allowing adults over the age of 21 to have up to two ounces of cannabis with them to grow up to six cannabis plants per person, or 12 per household.
New York: Anyone 21 and over can buy and possess up to 3 ounces of cannabis or 24 grams of concentrated forms of the drug, such as oils. Individual adults may also grow up to six cannabis plants — three mature and three immature — in their home for personal use and up to 12 plants for a household.
Ohio: Adults 21 and over can buy and possess up to 2.5 ounces of cannabis and to grow up to six plants per individual or 12 plants per household at home.
Oregon: Adults over the age of 21can possess up to eight ounces of marijuana in their home and up to one ounce away from home. For edible products, the limits are 16 ounces for a solid form and 72 ounces for drinkables. Residents can grow up to four cannabis plants in the house. Consuming marijuana in public remains illegal.
Rhode Island: Anyone 21 and older can buy and possess up to 1 ounce of cannabis with no more than 10 ounces (283 grams) for personal use kept at a person’s home. Resident may also grow up to six plants, with no more than three mature, at home.
Vermont: Adults over the age of 21 can buy and possess up to 1 ounce of marijuana, two mature and four immature plants.
Virginia: Anyone over the age of 21 can possess up to an 1 ounce of cannabis and grow up to four plants for personal use. The plants cannot be in public view.
Washington: Adults 21 and older can buy up to an ounce of dried marijuana, 16 ounces of pot-infused solids, 72 ounces of pot-infused liquids or 7 grams of concentrated marijuana, like hashish.
Washington, D.C.: Adults over the age of 21 can possess up to 2 ounces of marijuana and can may gift up to 1 ounce to another person as long as "nothing else of value changes hand." That because while recreational marijuana has been legalized in D.C., it's still illegal to buy and sell the drug. Adults can legally grow up to six marijuana plants, but only three of them can be mature.
States that have legalized medical marijuana
Alabama: The medical marijuana program will allow resident who are 19 and older — or under 19 with guardian permission — with one of 16 qualifying medical conditions, to purchase medical marijuana with the recommendation of a doctor. Among the qualifying conditions for treatment are cancer-related nausea or vomiting, or chronic pain; Crohn’s disease; depression; epilepsy, HIV/AIDS-related nausea or weight loss; panic disorder, Parkinson’s disease; persistent nausea; post-traumatic stress disorder; sickle cell anemia; spasticity associated with multiple sclerosis, spinal cord injury and Tourette’s syndrome. Marijuana would allow marijuana in forms such as pills, skin patches and creams, but not smoking or vaping products.*** Medical marijuana remains unavailable in Alabama more than two years after lawmakers voted to legalize it in 2021. The state had to develop rules, and the selection process has been bogged down in disputes.
Arkansas: Patients over 18 with a qualifying medical condition or verified caregivers in the state of Arkansas can possess up to 2.5 ounces of cannabis to be used for medical purposes only. To purchase, a state-issued medical marijuana ID card is needed. Patients or caregivers can apply for an ID with a physician written certification and a state ID.
Florida: Residents who are 18 and older and have one of 12 qualifying medical conditions may a medical marijuana card from a licensed physicians. Physicians cannot issue a certification for more than three 70-day supply limits of marijuana or more than six 35-day supply limits of marijuana in a form for smoking, and a 35-day supply for smokable marijuana must be 2.5 ounces or less.
Hawaii: Patients and caregivers may purchase up to 4 ounces of marijuana from a dispensary and cultivate up to 10 plants at home. However, patients must register as a cultivator with the state before growing their plants. For in-state residents, patients must be 18 and older, have one of 15 qualifying conditions and possess a medical marijuana card. Out-of-state visitors can also register to get medical cannabis while visiting Hawaii. Those patients can apply online for a 60 day registration card and pay a $49.50 fee in order to shop at Hawaii’s dispensaries.
Iowa: Patients over the age of 18, with an eligible condition can obtain a state-issued medical marijuana card. With their card, a patient can purchase 4.5 grams of THC every 90 days.
Louisiana: Medical marijuana is legal in Louisiana with a verified medical card that indicates a recommendation from a registered physician. Patients must be at least 18 years old and sales are capped at 2.5 ounces every 14 days.
Mississippi: Card-carrying patients over 18 years old can buy up to 3.5 grams of cannabis flower or 1 gram of cannabis concentrate per day from a licensed dispensary, but no more than 24 days in a month. Minors with permission from a custodial parent or legal guardian may obtain a card through a physician. However, residents with prior convictions may not qualify for the program
New Hampshire: Patients who are 18 years of age and old, with a valid registry card can buy up to 2 ounces of marijuana at a time. Purchases are also capped at 2 ounces in a 10-day period.
North Dakota: Medical marijuana is legal in the state for patients over 19 years old with one of 31 qualifying conditions. Anyone purchasing either flower or topical products are subject to monthly limits: no more than 2.5 ounces at a time and no more than 6,000 milligrams of THC in topicals or concentrates.
Oklahoma: Any patient over 18 years old with a medical marijuana card can posses up to 8 ounces of marijuana in their home, up to an ounce of concentrated marijuana, up to 72 ounces of edible marijuana and to three ounces of marijuana on their person. They can also cultivate up to six plants.
Pennsylvania: Residents 18 years and older with one of 23 qualifying medical conditions can apply for a medical marijuana ID card. Exact dosage limits are not inscribed in the law. Patients are capped at a 90-day supply determined by the recommending doctor.
South Dakota: Patients over the age of 18 with a "debilitating medical condition" can apply for a state-issued medical marijuana card. The card fee is $75 and carriers can use it to buy up 3 ounces of cannabis flower every 14 days. They can also register to obtain permission to cultivate up to two cannabis flowering plants and two cannabis plants that are not flowering.
Utah: Resident over the age of 21with one of more than a dozen qualifying medical conditions may be referred to for a medical marijuana card, which costs $15 and requires renewal every 6-months. A one-month supply in accordance with the dosage amount specified by a doctor or state-licensed pharmacist can be acquired at a time or up to 4 ounces of cannabis flower or 20 grams of THC. However, sparking up is still illegal in the state, as are edibles. Medical cannabis can be consumed via vaping, tablets, capsules and oils, among other forms.
West Virginia: Patients over 18 years old with one of 15 qualifying conditions can get a state-issued medical marijuana ID card and purchase cannabis in the form of pills, oils, gels, creams, ointments, tinctures, liquid, and non-whole plant forms for administration through vaporization. Dispensaries cannot sell edibles and smoking marijuana remains prohibited. Exact dosage limits are not inscribed in the law. Patients are limited to a 30-day supply at a time, determined by the recommending doctor.
***Kentucky: Last year, lawmakers gave the green light for the state to launch a medical marijuana program in 2025. However, marijuana remains illegal in the state. Patients with a diagnosis from the list of 21 approved conditions can possess up to 8 ounces of marijuana. That marijuana must come from a state where it's legal.
***Georgia: Patients with a doctor's approval can receive a medical marijuana card for a variety of conditions, however the state's medical cannabis program is limited to low-THC, which the minimal amount of tetrahydrocannabinol (THC), typically less than 0.3%. Qualified patients can possess up to 20 fluid ounces of low-THC oil. A medical marijuana card costs $25.
***Texas: Medical cannabis is legal in Texas in very limited circumstances. Patients with certain qualifying medical conditions can obtain cannabis oil with less than 1% THC by weight. They can also obtain CBD products. Other forms of marijuana for consumption, like smoking, vaping and edibles remain illegal.
States where marijuana is still illegal
Idaho: The use of marijuana for medical or recreational purposes remains fully illegal in Idaho. Possessing more than 3 ounces of marijuana can be punished with a prison sentence of up to five years and a fine of up to $10,000, or both. Under 3 ounces is a misdemeanor offense that carries a fine.
Indiana: Possession of any amount of marijuana is a crime in Indiana, but anything less than 30 grams is treated as a misdemeanor offense. Anything over 30 grams is a Class D felony resulting in jail time and fines.
Kansas: All forms and amounts of marijuana are illegal in Kansas. First time offenders caught with any amount of marijuana faces a fine of up to $1,000 and a maximum of 6 months in prison. However, Kansas law if very severe toward repeat offenders, with second time charges doubling jail time and increased fines.
Nebraska: Anyone caught with less than 1 ounce marijuana, regardless of the THC percentage, and it is your first offense, you can be charged with an infraction which carries a maximum fine of $300. However, possession of possession of more than an ounce carries jail time and fines.
North Carolina: Marijuana in North Carolina is fully illegal, and punishable by varying amounts of prison time and fines, depending on the amount in your possession.
South Carolina: Marijuana is also fully illegal in South Carolina, with the potential penalties of jail time and fines depending of the amount the accused possessed.
Tennessee: Marijuana remains fully illegal in Tennessee. Possession of any amount will lead to jail time and fines, with length of incarceration and penalties depending on the amount.
Wisconsin: Marijuana in Wisconsin is fully illegal and punishable prison time and fines, which vary depending on the amount in your possession.
Wyoming: Any use of marijuana is illegal in Wyoming. Any person caught using or under the influences marijuana is subject to jail time and/or fines.
