In November 2018, Michigan locked the tenth spot on the list of states that legalized weed for recreational purposes.
As time goes by, we notice a significant shift in cannabis legalization across all U.S. states. Many politicians are embracing the cannabis reform, and more and more people show support for the legalization of this ancient, sacred plant.
December of 2018 saw another strong move in that direction when hemp was finally declared legal as part of the 2018 Farm Bill. It is no longer a Schedule I substance. This law is expected to drastically alter the cannabis landscape.
Here is a list of the states that have legalized weed so far, followed by a synopsis of their marijuana laws.
States That Legalized Weed for Recreational and Medical Purposes
Currently, there are three legal stances on marijuana accepted by U.S. states:
- Marijuana laws that permit the use of weed for recreational and medicinal purposes
- Marijuana laws that allow the use of marijuana for medicinal purposes only—some are limited to hemp-derived CBD products
- Marijuana laws that completely prohibit the use of weed
Although most states that legalized weed for recreational purposes are using a commercialization model—for-profit, private businesses that sell marijuana—there are alternatives that allow possessing, growing, and selling marijuana as part of state-run medical marijuana programs.[4]
At the time of writing, the states that legalized weed and adopted more liberal marijuana laws—10 in total, plus the District of Columbia—are:
- Alaska
- California
- Colorado
- Maine
- Massachusetts
- Michigan
- Nevada
- Oregon
- Vermont
- Washington
Note—Washington and Vermont still don’t permit the sale of weed for recreational use. Cultivation, possession, and use are legal, however. [4]
RELATED: Progress of Marijuana Legalization in U.S. States
States That Legalized Weed (And CBD) for Medical Purposes Only
Right now, medical marijuana use and possession are legalized, with provisions, in the following 36 states:
- Alabama
- Arizona
- Arkansas
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Illinois
- Indiana
- Iowa
- Kentucky
- Louisiana
- Maryland
- Minnesota
- Mississippi
- Missouri
- Montana
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Pennsylvania
- Rhode Island
- South Carolina
- Tennessee
- Texas
- Utah
- Virginia
- West Virginia
- Wisconsin
- Wyoming
States Where Weed is Still Completely Illegal
- Idaho
- Kansas
- Nebraska (In this state, it is not a criminal offense to possess weed—only a civil infraction—but it is still illegal.)
- South Dakota
While looking at the pro-weed wave in the U.S., let’s dive into the marijuana laws of each state.
State-by-State Guide to Marijuana Laws in the U.S.
Alabama
Alabama enacted a medical marijuana provision, also known as Leni’s Law in 2014, but it is limited only to CBD products. Only patients with severe epilepsy are eligible to get cannabis products from low-THC, high-CBD strains with a doctor’s recommendation. In 2016, Alabama passed another law that expanded on the previous one, allowing patients with seizure disorders or other debilitating conditions to use CBD.
Alaska
In 2015, after a successful voter referendum, Alaska enacted recreational use of marijuana. The law permits Alaska residents over the age of 21 to possess up to one ounce of marijuana. Residents are allowed to cultivate up to six plants only for their personal use.
Arizona
Since 2010, patients in Arizona who suffer from a variety of conditions are allowed to use medical marijuana, only with a doctor’s recommendation.
Arkansas
Arkansas legalized medical marijuana in 2016. The law permits patients with a variety of conditions to procure medical marijuana from a dispensary, with a note from their doctor.
California
Recreational marijuana has been legal in California since 2016. Residents of the state 21 or older can possess up to one ounce of marijuana.
Colorado
Thanks to the Colorado Amendment 64, passed in 2012, weed is regulated like alcohol and people age 21 or over can possess up to an ounce of weed.
Connecticut
Under Connecticut’s legislation that passed a medical marijuana provision in 2012, patients with a variety of conditions can get medical marijuana with a doctor’s recommendation.
Delaware
Since 2011, patients in Delaware that suffer from a variety of conditions can obtain medical marijuana from a dispensary with a doctor’s recommendation.
Florida
In 2016, Florida passed a medical marijuana provision, allowing patients with a variety of conditions to get medical marijuana with a doctor’s recommendation.
Georgia
Under Georgia’s legislation, since its 2015 medical marijuana provision. Patients with a variety of conditions, including intractable pain, post-traumatic stress disorder, neuropathy and more, are eligible for medical marijuana.
Hawaii
In Hawaii, the medical marijuana provision passed in 2000, allowing residents to cultivate cannabis at home. In 2015, the state passed another provision that allows patients with a variety of conditions to obtain medical marijuana with a doctor’s note.
RELATED: State Wise Guide to U.S. Marijuana Legislation
Idaho
All forms of weed are prohibited in Idaho. The state’s legislation aligned with the federal marijuana policy, banning marijuana as a Schedule I drug.
Illinois
The State of Illinois passed a medical marijuana provision in 2013, allowing patients with various conditions to obtain medical marijuana from a dispensary with a doctor’s note.
Indiana
In Indiana, the medical marijuana legislation passed in 2017 and is limited only to low-THC, high-CBD products.
Iowa
In 2014, Iowa passed a medical marijuana provision. The law limited marijuana use only to hemp-derived CBD products. Patients are allowed to use hemp-derived CBD products with a doctor’s recommendation.
Kansas
Weed is prohibited in Kansas. The state’s marijuana policy is completely aligned with federal law—marijuana is classified as a Schedule 1 drug.
Kentucky
In Kentucky, medical marijuana use is limited to hemp-derived CBD products. The state passed the medical marijuana provision in 2014, allowing patients diagnosed with intractable epilepsy to procure hemp-derived CBD products with a doctor’s recommendation.
Louisiana
In 2015, Louisiana passed a medical marijuana provision, allowing patients with various conditions to obtain non-smokable medical marijuana with a doctor’s recommendation.
Maine
Since 2016, recreational marijuana is legal in Maine. After a successful voter referendum, the state allowed residents aged 21 and over, to possess up to 2.5 ounces of marijuana, as well as cultivate up to six plants.
Maryland
Since 2018, patients with a variety of conditions can procure medical marijuana from a dispensary, with a doctor’s recommendation.
Massachusetts
After a successful voter referendum in 2016, recreational marijuana is legal in Massachusetts. Residents aged 21 and over are allowed to possess up to one ounce of marijuana and cultivate up to six plants in their homes.
Michigan
Michigan legalized medical marijuana in 2008. Recreational marijuana became legal in this state in November 2018.
Minnesota
In 2014, Minnesota passed a medical marijuana provision. Patients with a variety of conditions can possess up to a month’s supply of non-smokable marijuana, only with a doctor’s recommendation. Minnesota has also decriminalized marijuana.
Mississippi
Since 2014, the law in Mississippi permits people diagnosed with intractable epilepsy to procure hemp-derived CBD products with a doctor’s recommendation. Mississippi has decriminalized marijuana.
Missouri
In November 2018, Missouri voters approved the legalization of medical marijuana. The new law allows doctors to recommend medical cannabis to patients with conditions they see appropriate—there is no specific list of qualifying disorders. Patients will get their identification cards from the state. The cards will allow them and their registered caregivers to purchase and grow a limited amount of cannabis on a monthly basis.
Montana
Montana passed a medical marijuana provision in 2004. Patients with various conditions can procure medical marijuana from a dispensary with a doctor’s recommendation.
Nebraska
Although Nebraska has decriminalized marijuana, it is prohibited in this state. The state’s legal regulations are strictly aligned with federal marijuana policy.
Nevada
After a successful voter referendum in 2016, the following year, Nevada enacted legislation for recreational marijuana use.
New Hampshire
Medical marijuana is legal in New Hampshire since 2013. Patients with various conditions can get marijuana from a dispensary with a doctor’s recommendation. New Hampshire has decriminalized cannabis.
New Jersey
Medical marijuana is legal in New Jersey since 2010. In New Jersey, patients with a variety of conditions can get medical marijuana after getting a recommendation from their doctor.
New Mexico
Medical marijuana is legal in New Mexico for patients with a variety of conditions since 2008.
New York
Medical marijuana was legalized in New York in 2014. In New York, patients with a variety of conditions can get medical marijuana with a doctor’s recommendation. New York has also decriminalized marijuana.
North Carolina
In North Carolina, medical marijuana is limited to hemp-derived CBD products only. Patients diagnosed with intractable epilepsy are eligible for a doctor’s recommendation. North Carolina has decriminalized marijuana.
North Dakota
Although North Dakota passed a medical marijuana provision in 2015, it didn’t go into effect until 2018. Patients with various conditions can get smokable marijuana from a dispensary with a doctor’s recommendation.
Ohio
Ohio passed its medical marijuana bill in 2016, but patients were only allowed to buy it from a different state until September 2018—the month of the official launch of the state’s cannabis program. Patients with a variety of conditions can obtain medical marijuana from a dispensary with a doctor’s recommendation. Ohio has also decriminalized pot.
Oklahoma
In June 2018, Oklahoma voters approved a ballot measure that allows doctors to recommend medical marijuana for any medical condition they see fit. Under the new law, legal patients who have received state ID cards are able to buy, possess, and cultivate a certain amount of cannabis.
Oregon
Weed for recreational purposes is legal in Oregon. The state enacted the marijuana legislation in 2015, after a successful voters referendum.
Pennsylvania
Pennsylvania legalized medical marijuana in 2014. Under the state’s legislation, patients are allowed to get medical marijuana from a dispensary with a doctor’s recommendation. The state has also decriminalized marijuana.
Rhode Island
In Rhode Island, the medical marijuana provision has been passed since 2006. The state law allows patients with a range of conditions to possess up to 2.5 ounces of marijuana with a doctor’s recommendation. Home cultivation of marijuana is allowed on Rhode Island.
South Carolina
The medical marijuana provision in South Carolina was passed in 2014 and is limited to hemp-derived CBD products. In South Carolina, only patients with refractory epilepsy, Dravet Syndrome, and Lennox-Gastaut Syndrome are eligible for doctor’s prescription of medical marijuana.
South Dakota
All forms of weed are prohibited in South Dakota. The state’s marijuana laws are entirely aligned with federal marijuana policy that classifies marijuana as a Schedule I drug.
Tennessee
In Tennessee, the use of medical marijuana is limited to hemp-derived CBD products. Only patients with intractable epilepsy are eligible for hemp-derived CBD products with a doctor’s recommendation. The state passed the medical marijuana provision in 2014.
Texas
Texas passed a medical marijuana provision limited to products from low-THC cannabis strains in 2015. Patients eligible for treatment can get CBD products only with a prescription. Under the current Texas law, possession of up to two ounces of marijuana is a criminal offense that would get you a jail sentence of up to six months and a $2,000 fine.
Utah
In November 2018, Utah voters approved a medical cannabis ballot measure. Although smoking medical marijuana would not be allowed, qualified patients with physician approval would get a state identification card that allows them to purchase up to two ounces of medical marijuana.
Vermont
Recreational marijuana is legal in Vermont since July 2018. People in Vermont can possess up to one ounce of marijuana and cultivate up to six plants at home.
Virginia
Virginia passed a medical marijuana provision in 2015 but is only limited to hemp-derived CBD products. Patients with any diagnosed condition can procure hemp-derived CBD products with a doctor’s recommendation.
Washington
Washington legalized weed for recreational purposes through voter referendum in 2012. In Washington, people aged 21 and over can possess up to one ounce of marijuana.
West Virginia
Medical marijuana is legal in West Virginia. The state law allows patients with severe medical conditions to get medical marijuana licenses from a physician. The state passed a medical marijuana bill in 2017, but it is expected to go into effect in 2019.
Wisconsin
In 2014, Wisconsin passed a medical marijuana provision that allows patients to obtain only hemp-derived CBD products with a doctor’s recommendation.
Wyoming
In 2014, Wyoming passed a medical marijuana provision that allows patients to obtain only hemp-derived CBD products with a doctor’s recommendation.
Washington, D.C.
The nation’s capital legalized medical marijuana in 1998. In November 2014, Washington, D.C. legalized recreational pot, allowing people 21 and older to have up to two ounces of weed.
What is the case with marijuana law on a federal level?
RELATED: Social Norms for When Marijuana Becomes Legal
Marijuana Legalization—State vs Federal Level
Marijuana remains illegal on a federal level. The drug is classified as a Schedule I substance under the Controlled Substances Act. A Schedule I substance is considered to have a high risk of dependency and is not allowed to be freely used even for medical purposes. Also, distributing marijuana is a federal offense.
In January 2018, now-former Attorney General Sessions issued a Marijuana Enforcement Memorandum that rescinded the so-called Cole Memorandum, established in 2014. The 2018 memorandum allows federal prosecutors to decide how to prioritize enforcement of federal marijuana laws, which, in essence, opposes the power and authority given to the states in 2014. [1]
RELATED: Is Federal Marijuana Legalization On 2018’s Horizon?
The Cole Memorandum was issued in 2013 during the Obama presidency by United States Deputy Attorney General James M. Cole. It was an update to the U.S. Department of Justice’s enforcement policy.
The 2013 Memorandum read that while marijuana remains illegal federally, it is expected from “states and local governments that have enacted laws authorizing marijuana-related conduct to implement strong and effective regulatory and enforcement systems … and will defer the right to challenge their legalization laws at this time.” [1] [2]
However, the issuing of the 2018 Memorandum doesn’t mean that change isn’t just around the corner.
Although former Attorney General Sessions strongly opposed marijuana legalization and criticized Senators that supported it, President Trump seems to be keen on the idea of legalizing medical marijuana. At the time of writing, he was still showing his support to Sen. Gardner and the bipartisan bill. Republican Sen. Cory Gardner of Colorado proposed bipartisan laws that would give states the freedom back that they had under the Cole Memorandum. [3]
In June 2018, members of Congress introduced Strengthening the Tenth Amendment Through Entrusting States (STATES) Act, a bipartisan act intended to protect the rights of the states to pass marijuana laws without any intervention by the federal government. It remains to be seen what will happen in the following years, but hopefully, 62% of Americans that support marijuana legalization are not getting their hopes up in vain. [5][6]
Sources:
- http://www.ncsl.org/research/health/state-medical-marijuana-laws.aspx
- https://www.justice.gov/opa/pr/justice-department-announces-update-marijuana-enforcement-policy
- https://www.npr.org/2018/06/08/618276592/trump-signals-possible-support-for-marijuana-legislation
- https://www.vox.com/identities/2018/8/20/17938336/marijuana-legalization-states-map
- https://www.esquire.com/lifestyle/a21719186/all-states-that-legalized-weed-in-us/
- http://www.pewresearch.org/fact-tank/2018/10/08/americans-support-marijuana-legalization/