Marijuana has long been used as a treatment for ailments, and prized for its healing properties, but it hasn't always – and still isn't – legal everywhere. The use of cannabis today, especially in the United States, remains a highly divisive issue. According to the Pew Research Center, supporters hail its many purported health benefits while naysayers believe it's a harmful drug that can cause damage to people and society. Yet, even with the many benefits, cannabis still isn't legal in all states or federally. Should you partake, protect yourself when you travel with this guide to cannabis laws across all 50 states.
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)
Alabama
- 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.
Arkansas
- 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.
Florida
- 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.
Hawai'i
- 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.
Iowa
- 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.
Kentucky
- 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.
Louisiana
- 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.
Nebraska
Omaha downtown skyline during Autumn, with a lake at the Heartland of America Park in the foreground
- 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.
Oregon
Springtime view of the bank of the Columbia river in Astoria, Oregon.
- Legalized in 2015
- Under Measure 91, adults 21 and over may use marijuana
Virginia
Rosslyn, Arlington, Virginia, USA city skyline on the Potomac River.
- Legalized in 2021 with the passing of SB 1406
West Virginia
Charleston, West Virginia, USA downtown skyline on the river at dusk.
- 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.
Wisconsin
- 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.