State laws are constantly changing, and that is especially true with laws pertaining to the cultivation, sale, and use of marijuana (a slang term for cannabis). Marijuana laws by state are all over the map, so to speak. It’s fully legal in 19 states and the District of Columbia, and fully illegal in at least 6 states, with its status ranging between the two extremes in the remaining states.
If you’re curious about cannabis laws by state, check out the chart below for a simplified answer to whether medical use, recreational use, or both are legal in your state.
Recreational vs. Medical Marijuana Use
Every state that has legalized recreational use has also legalized medical use. Medical marijuana is used to treat qualifying health conditions — most commonly for treating pain and discomfort, but also glaucoma and post-traumatic stress disorder (PTSD). State regulations vary widely on how medical marijuana can be produced, dispensed, and consumed; and what conditions qualify for a medical marijuana card.
State laws spell out all the details around medical marijuana, including the daily amount to which a patient is entitled, what form the marijuana can take, and whether the state allows home cultivation. For example, in California, medical marijuana can be produced in almost any form and users can grow it at home at a greater volume than for recreational use. On the other hand, in Alabama, medical marijuana must be consumed in a certain form (e.g., not in a flower or edible form) and does not allow users to grow their own.
Marijuana Law Terminology
Rather than “get into the weeds” of marijuana laws by state, the chart below simply notes whether medical and recreational use are legal, illegal, decriminalized, or (in the case of medical use) whether only cannabidiol (CBD) oil is legal. We have linked to state-specific information from the Marijuana Policy Project in the first column of the table.
Legal
The term “legal” means there are no criminal penalties associated with the use of marijuana or derived products. Each state has its own interpretation of whether that includes marijuana paraphernalia, cultivation, or sale.
Every state with some form of legal marijuana use has its own licensing and taxation system for businesses that want to grow, sell, or finance it. Though use and retail sales may be legal, there may still be a lot of compliance hoops to jump through before a business can operate. Businesses must comply with regular licensing and taxation in addition to the more stringent rules related to marijuana. Legalization is not a free-for-all: The District of Columbia, for example, limits the number of dispensaries that can operate at one time.
Illegal
The term “illegal” means the use of marijuana is considered a misdemeanor or felony in the state. It is common to differentiate between states where use is considered a misdemeanor and where it is considered a felony. For our purposes, even where the status of the use has been lowered to a misdemeanor, it is still considered illegal.
Decriminalized
“Decriminalized” does not mean ‘legalized’ — it only means there are no criminal penalties for engaging in the decriminalized behavior, and that the sale and cultivation of cannabis remain illegal. There may still be consequences similar to a traffic violation, like fines. It could also mean only the first offense is decriminalized, with criminal penalties established for later offenses.
CBD Only
In some states, only CBD oil — which is derived from the cannabis plant but without the psychoactive properties of THC in marijuana — has been cleared for medical use. Those states still may have limits on the percentage of THC allowable in the legal CBD oil, or other conditions. In states where medical use of marijuana is legal, CBD is included.
Marijuana Laws by State |
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State |
Medical Use |
Recreational Use |
Alabama | Legal | Illegal |
Alaska | Legal | Legal |
Arizona | Legal | Legal |
Arkansas | Legal | Illegal |
California | Legal | Legal |
Colorado | Legal | Legal |
Connecticut | Legal | Legal |
Delaware | Legal | Decriminalized |
District of Columbia | Legal | Legal |
Florida | Legal | Illegal |
Georgia | CBD only | Illegal, except certain cities |
Hawaii | Legal | Decriminalized |
Idaho | CBD only | Illegal |
Illinois | Legal | Legal |
Indiana | CBD only | Illegal |
Iowa | Limited | Illegal |
Kansas | CBD only | Illegal |
Kentucky | CBD only | Illegal |
Louisiana | Legal | Decriminalized up to 14g |
Maine | Legal | Legal |
Maryland | Legal | Decriminalized up to 10g |
Massachusetts | Legal | Legal |
Michigan | Legal | Legal |
Minnesota | Legal | Decriminalized |
Mississippi | Legal | Decriminalized |
Missouri | Legal | Decriminalized |
Montana | Legal | Legal |
Nebraska | Illegal | Decriminalized |
Nevada | Legal | Legal |
New Hampshire | Legal | Decriminalized |
New Jersey | Legal | Legal |
New Mexico | Legal | Legal |
New York | Legal | Legal |
North Carolina | CBD only | Decriminalized up to 42g |
North Dakota | Legal | Decriminalized up to 14g |
Ohio | Legal | Decriminalized |
Oklahoma | Legal | Illegal |
Oregon | Legal | Legal |
Pennsylvania | Legal | Illegal; decriminalized in Philadelphia and Pittsburgh |
Rhode Island | Legal | Legal up to 28g |
South Carolina | CBD only | Illegal |
South Dakota | Legal | Illegal |
Tennessee | CBD only | Illegal |
Texas | CBD only | Illegal |
Utah | Legal | Illegal |
Vermont | Legal | Legal |
Virginia | Legal | Legal |
Washington | Legal | Legal |
West Virginia | Legal | Illegal |
Wisconsin | CBD only | Illegal |
Wyoming | CBD only | Illegal |
Need Guidance on a Marijuana-Related Issue?
Remember, when it comes to marijuana, laws by state can change rapidly. It’s a good idea to consult a legal professional for any marijuana-related legal questions.