A Comprehensive Guide To Cannabis Laws in Every State

Marijuana has been around for quite some time. It was first reported to have been used during the time of Chinese Emperor Shen Nung in 2727 BCE, where it was listed in the inventory of his pharmacy. Long been used as a treatment for ailments, and prized for its healing properties, cannabis was also used by Ancient Greeks, Romans, and the Islamic Empire.

While it has been around for centuries, the use of cannabis today, especially in the United States, is a highly divisive issue. Many use it to treat illnesses like chronic pain, epilepsy, cancer, and a host of others, while others use it recreationally. Despite growing advocacy for legalization, many states continue resisting, resulting in a nationwide patchwork of laws. (Cannabis may be a divisive issue but Americans are united in their belief that no one should be driving while under the influence, as Justin Timberlake was recently found to be in violation.)

To clarify the legal landscape and aid in navigating cannabis laws, 24/7 Tempo compiled the relevant laws in each state as of January 2024. We reviewed news posts about state cannabis laws to find copies of bills in practice or moving through legislatures. By reading the bills, we discerned each state's overall stance. It is important to note that legal use varies by city in many areas. (See Also Americans Consuming the Most Weed: Every State Ranked)

• Legalized in 2021 (for medical purposes only)
• Recreational cannabis remains a criminal offense

The state of Alabama has very mixed legal opinions on cannabis use. The 36th state to make medical cannabis legal, the issuance of medical cards, as per the 2023 bill SB46, is slow and arduous, requiring patients first to try opioid medications for pain and doctors to take a four-hour course and pay a fee of up to $300 to issue the licenses, which makes getting a medical cannabis card unnecessarily burdensome.

Democratic Senator Singelton introduced SB42, which would have decriminalized cannabis possession in Alabama in 2023, but the bill didn't pass through the legislature. Despite this, Alabama did pass HB13, which allows municipalities to adopt a "cite and release" approach to cannabis offenses, which essentially lowers the effective punishment in certain cities and towns that would experience excessive burden by processing charges.

• Legalized in 2014
• Alaska legalized the use of cannabis by adults over the age of 21.

• Legalized in 2020
• Arizona's Prop 207 legalized the use of cannabis by adults over the age of 21

• Marijuana remains illegal for all uses

Arkansas has mixed legality of cannabis, and the state legislature continues to try to make it more difficult for cannabis legalization to pass. However, the future remains uncertain as the Arkansas Medical Cannabis Amendment of 2024 has been submitted to the legislature for the November 2024 ballot. This amendment would do the following:

• Allow patients or caregivers to grow up to 7 mature plants (14 inches or larger)
• Allow patients or caregivers to grow up to 7 immature plants (14 inches or smaller)
• Expand the group of people who can recommend medical cannabis to include nurse practitioners, pharmacists, and physician assistants
• Allow medical cannabis for any medical need
• Allow telemedicine practitioners to recommend medical cannabis
• Expand reciprocity for out-of-state cannabis users, including issuing medical cards for non-residents
• Make medical cannabis recommendations valid for 3 years

Additionally, the amendment contains trigger language that would make recreational cannabis legal for users over the age of 21 if the U.S. Federal Government ends cannabis prohibition.

• Legalized in 2016
• California legalized cannabis use for persons 21 years of age

• Legalized in 2012
• Cannabis has been fully legal for adult use

• Legalized in 2021
• Connecticut fully legalized cannabis use for adults

• Legalized in 2023
• Delaware became the 22nd state to legalize cannabis use for adults with two bills, HB1 and HB2 removing the penalties for cannabis possession and laying out regulations for cannabis control

• Legalized in 2014
• The District of Colombia's Initiative 71 legalized possession of up to 2 ounces of cannabis for personal use for adults over the age of 21

• Legalized in 2016 for medical use only; recreational use is still illegal

Medical cannabis is legal in Florida under certain restrictions. Firstly, the applicant must be a permanent or seasonal Florida resident. Additionally, they must be diagnosed with one of the following conditions:

• Cancer
• Epilepsy
• Glaucoma
• HIV/AIDS
• Crohn's disease
• Parkinson's disease
• Multiple sclerosis (MS)
• Medical conditions of the same kind or class as or comparable to those above
• Post-traumatic stress disorder(PTSD)
• Amyotrophic lateral sclerosis (ALS)
• A terminal condition diagnosed by a physician other than the one issuing the physician certification
• Chronic nonmalignant pain caused by or originating from a qualifying medical condition that persists beyond the usual course of that qualifying medical condition

The Florida Supreme Court approved the inclusion on the November 2024 ballot of Florida Amendment 3, the Marijuana Legalization Initiative, a constitutional amendment legalizing recreational cannabis use in Florida. Governor Ron DeSantis stated that he believes the initiative will be allowed to be decided by voters.

• Legalized in 2019 for medical purposes only
• Georgia's Hope Act, HB 324, allowed citizens of Georgia to access low-THC CBD products (less than 5% THC); SB 195 in 2021 allowed the expansion of the available products to include tinctures, transdermal patches, lotions, and capsules, but excluded edibles, flowers, and vaporizers
• Recreational cannabis remains illegal in the state

• Legalized in 2000 by Act 228 for medical use only

The bill's scope is minimal and initially only allowed patients or caregivers to grow plants. It has since been revised to expand the list of qualifying conditions, allow for dispensaries to be established, and protect the medical use of out-of-state patients.

HB1383 "decriminalized" possession of small amounts of cannabis—up to 3 grams—by removing the jail time and replacing the punishment with a $130 fine. It's worth noting that this is the most restrictive "decriminalization" bill covering the smallest amount of cannabis in the nation.

• Cannabis is completely illegal in Idaho for all uses, including medical reasons

• Legalized for medical use in 2013
• Legalized for recreational use in 2019 with the passing of HB 1438

• Legalized in 2018 for medical use only (this only permits the purchase of low-THC CBD oils following legalization from Senate Act 52
• Recreational use is still illegal in Indiana (one of only 19 states that continues to impose jail time for possession)

• Iowa does not have a true medical cannabis law, but instead, has the Iowa Medical Cannabidiol Act, a low-THC law allowing users to possess cannabis preparations with a very low amount of THC, limited by the government
• Recreational use of cannabis in Iowa is still punishable by jail time.

The amount of THC allowed in your cannabis preparations in Iowa is just 4.5 grams every 90 days. Governor Kim Reynolds has been one of the biggest roadblocks to cannabis legalization in Iowa. In 2019, she vetoed a bill that would have increased the amount of THC a medical cannabis user could have to 25 grams per 90 days.

• Cannabis is completely illegal in Kansas, even for medicinal use, and recreational use is punishable by jail time

• Legalized in 2023 for medicinal purposes only with the passage of SB 47
• Recreational cannabis use remains illegal and punishable by jail time in Kentucky

The current law is expected to go into effect in January 2025. Governor Andy Beshear signed an administrative order in 2022 that offered some protections for medical patients who purchased cannabis in regions where it is legal.

• Technically legalized in 1978 only for patients with glaucoma and those undergoing chemotherapy for cancer
• A second bill passed in 1991, adding the use for spastic quadriplegia
• Recreational use is illegal but was decriminalized with HB652 reducing the penalty for possession of 14 grams or less to a ticket

Medical cannabis is legal in Louisiana under strict regulation. Citizens can have possession charges for certain amounts of cannabis expunged and telehealth providers can issue recommendations for a medical cannabis license.

• Legalized in 2016
• The Maine Marijuana Legalization Act allows for adult-use cannabis for persons 21 years of age or older

• Legalized in 2023
• HB 837 and SB 833 enacted Maryland's cannabis reform, for medical and adult use of those 21 or older

• Legalized medical marijuana in 2012, recreational in 2016
• Title XV Chapter 94G outlines the regulations for legal adult-use cannabis in Massachusetts

• Legalized in 2018
• The Michigan Regulation and Taxation of Marihuana Act legalized cannabis use by persons 21 years of age or older, making it the first state in the Midwest to adopt full legalization.

• Legalized in 2023 by Minnesota's HF 100 bill

• Legalized in 2022 for medicinal purposes by bills HB 1158 and SB 2095
• SB 2379 decriminalized the possession of cannabis but only for the first offense

• Legalized in 2022
• Amendment 3 in Missouri made cannabis legal for recreational use by adults over 21 years of age.

• Legalized in 2021
• HB 701 in Montana allowed for cannabis use by adults 21 years of age or older

• Cannabis use is illegal in Nebraska, even for medical use

There is evidence that first offenses are treated as civil infractions rather than criminal ones. However, we were unable to find an exact statute with that information. We recommend people in or traveling to Nebraska exercise caution regarding cannabis possession.

• Legalized in 2017
• Title 56 Nevada Revised Statutes 678A allowed for the use of cannabis by persons 21 or older

• New Hampshire is the only state in New England without legal cannabis (it is believed that it will pass in 2024)
• As of 2017, HB 640 reduced the penalty for possession to a civil fine

• Legalized in 2021
• New Jersey's most updated legal code regarding use is the Personal-Use Cannabis Rules from 2023

• Legalized in 2021 for all uses
• Article C2 the Cannabis Regulation Act legalized cannabis in New Mexico.

• Legalized in 2021
• New York's Marijuana Regulation and Taxation Act made cannabis use in the state available for adults 21 and over

All cannabis use is illegal in North Carolina

• Legalized in 2019 for medicinal use only after the passage of Chapter 19-24.1
• Full legalization failed to garner the majority vote in 2022 with 54.9% voting against it

• Legalized in 2023
• Ohio Revised Code Chapter 3780 allows for adult-use cannabis

• Legalized in 2018 with State Question 788 for medical use only
• Personal use is still a criminal offense and arrests continue

• Legalized in 2015
• Under Measure 91, adults 21 and over may use marijuana

• Legalized for medicinal purposes in 2016 with 35 P.S. §§ 10231.101—10231.2110
• Governor Josh Shapiro has introduced a plan to fully legalize cannabis starting on July 1st, 2024, and open retail shops starting January 1st, 2025, but is not yet a legal code

• Legalized in 2006 for medicinal use and 2022 for recreational use
• Chapter 28.11 of the Rhode Island Cannabis Act allows adults over the age of 21 years of age to use

Cannabis is fully illegal in South Carolina and they have no medical cannabis program

• Legalized for medicinal use in 2021 but this is still hotly debated as opposition continues to try and repeal the legalization of medical cannabis
• Recreational use is illegal

• Legalized CBD oil and medical cannabis in 2015 for just a few conditions
• It has a strictly limited low-THC law and continues to jail people for possessing as little as a half-ounce of cannabis
• Recreational use is illegal

• Legalized in 2015 with SB 339 (Compassionate Use Act) for medical use in low doses
• The law was expanded in 2019 and 2021 to allow for additional ailments
• Personal use remains illegal and punishable by jail time in this state

• Legalized in 2018 for medicinal use only
• Title 58 Chapter 37 Section 3.7 of the Utah Code decriminalized medical cannabis in the state but personal use will still net you jail time

• Legalized in 2018 for adults 21 years of age and older
• H. 511 in Vermont eliminated all penalties for possessing up to 1 ounce of cannabis in the state, including for personal use

• Legalized in 2021 with the passing of SB 1406

• Legalized in 2012 with Initiative 502, making it legal for all adults over 21 years of age to use

• Legalized for medical use only in 2017
• Illegal for recreational use and current laws impose a 90 jail sentence for a first offense of cannabis possession
• In 2024, HB 4873 was introduced to legalize cannabis in the state.

• Legalized for medical use only in 2013
• Recreational use is illegal and Wisconsin still jails people for cannabis possession

Senator Melissa Agard has repeatedly introduced legalization bills with 35 Democratic co-sponsors. However, all of these measures have died in committee. Despite this, voters in the state overwhelmingly support legalization with advisory questions getting up to 80% of the vote in territories where the issues were raised.

• Cannabis is completely illegal in Wyoming and possession in this state can lead to jail time.