Navigating Cannabis Regulations Across All 50 States

Cannabis has been used for its medicinal properties for over 3,000 years and quite possibly even longer, with archaeological evidence dating back to 8,800 BCE. It wasn't until the 14th century that it was subjected to many legal restrictions, but it became illegal in most countries worldwide most recently in the 20th century. However, the cannabis laws in America have begun to change.

The use of cannabis continues to be a highly polarizing topic in the United States. While it remains illegal at the Federal level, individual states have passed their own legislation on the legality and use of the drug. Many Americans use cannabis regularly to treat a wide variety of illnesses, from chronic pain to seizures. Others use it for simple pleasure.

Regardless of the reason for use, the push for the legalization of cannabis is everywhere. Many states have continued the trend and legalized it for medical and/or recreational use. Yet, other states refuse to change and maintain the ban. It's important to know where each state stands on cannabis, especially if you travel, to avoid any issues.

We've compiled every notable law for each state as of January 2024. 24/7 Tempo looked at recent news posts about cannabis law by state. Using those posts, we could locate copies of the bills currently in practice and moving through state legislatures. Then, we read those bills and identified what each state's overall stance on cannabis was. (See Also Americans Consuming the Most Weed: Every State Ranked)

The state of Alabama has very mixed legal opinions on cannabis use. In 2021, it became the 36th state to make medical cannabis legal. However, 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. However, this bill did not pass through the legislature, and recreational cannabis use remains a criminal offense in Alabama.

Despite this, Alabama did pass HB13, which allows municipalities to adopt a "cite and release" approach to cannabis offenses. This bill lowers the effective punishment in certain cities and towns that would experience excessive burden by processing charges.

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

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

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. 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.

California legalized cannabis use for persons 21 years of age or older in 2016.

Cannabis has been fully legal for adult use in Colorado since 2012.

Connecticut fully legalized cannabis use for adults in 2021.

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

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.

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

Recreational cannabis use is illegal. However, the Florida Supreme Court is currently deciding whether to include a constitutional amendment legalizing recreational cannabis use in Florida. The court has until April to decide whether to include this issue on the ballot. Governor Ron DeSantis stated that he believes the initiative will be allowed to be decided by voters.

In 2019, 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 Georgia.

Act 228 in Hawai'i legalized medical cannabis in 2000. However, its scope is incredibly limited and initially only allowed patients or caregivers to grow plants themselves. It has since been revised to expand the list of qualifying conditions, allow for the establishment of dispensaries, and protect out-of-state medical use 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. However, 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. They do not allow any use of cannabis, even for medical reasons.

Cannabis is recreationally legal in Illinois as of the passing of HB 1438 in 2019.

Medical patients in Indiana can only purchase low-THC CBD oils following legalization from Senate Act 52 in 2018. Not only is recreational use still illegal in Indiana, but it is one of only 19 states that continues to impose jail time for possession.

Iowa does not have a true medical cannabis law. Instead, it 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. 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.

Recreational use of cannabis in Iowa is still punishable by jail time.

Cannabis is fully illegal in Kansas. Medical use is not allowed in this state, and recreational use is punishable by jail time.

Kentucky's SB 47 in 2023 created comprehensive medical cannabis legalization for the state. Governor Andy Beshear also signed an administrative order in 2022 that offered some protections for medical patients who purchased cannabis in regions where it is legal. However, recreational cannabis use remains illegal and punishable by jail time in Kentucky.

Medical cannabis is legal in Louisiana under strict regulation. Additionally, citizens can have possession charges for certain amounts of cannabis expunged and telehealth providers can issue recommendations for a medical cannabis license. Recreational use has been decriminalized with HB652 reducing the penalty for possession of 14 grams or less of cannabis to a ticket.

The Maine Marijuana Legalization Act legalized adult-use cannabis for persons 21 years of age or older.

HB 837 and SB 833 enacted Maryland's cannabis reform, making it fully legal for medical and adult use.

Title XV Chapter 94G outlines the regulations for legal adult-use cannabis in Massachusetts, making it legal for medical and recreational use.

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

Minnesota's HF 100 bill in 2023 legalized cannabis in the state.

HB 1158 and SB 2095 in Mississippi allowed for medical use of cannabis. SB 2379 decriminalized the possession of cannabis but only for the first offense.

Amendment 3 in Missouri made cannabis legal for recreational use by adults.

HB 701 in Montana legalized 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. So, we recommend people in or traveling to Nebraska exercise caution regarding cannabis possession.

Title 56 Nevada Revised Statutes 678A made cannabis fully legal in Nevada.

New Hampshire is the only state in New England without legal cannabis. It is legal in every other state in New England except the Granite state. However, as of 2017, HB 640 reduced the penalty for possession to a civil fine.

The 14th state to legalize adult-use cannabis, New Jersey's most updated legal code regarding use is the Personal-Use Cannabis Rules from 2023.

Article C2 the Cannabis Regulation Act legalized cannabis in New Mexico.

New York's Marijuana Regulation and Taxation Act legalized cannabis use in the state.

All cannabis use is illegal in North Carolina.

Medical cannabis is legal in North Dakota after the passage of Chapter 19-24.1. However, full; legalization failed to garner the majority vote in 2022 with 54.9% voting against it.

Ohio Revised Code Chapter 3780 legalized adult-use cannabis in the state.

State Question 788 in Oklahoma legalized medical cannabis use. However, personal use is still a criminal offense in the state, and arrests continue.

Recreational cannabis is legal in Oregon under Measure 91.

Pennsylvania allows medical use of cannabis in 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. However, this is not yet a legal code.

Chapter 28.11 the Rhode Island Cannabis Act made adult-use legal in the state.

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

Medical cannabis in South Dakota is hotly debated as opposition continues to try and repeal the legalization of medical cannabis.

Tennesse only has a strictly limited low-THC law and continues to jail people for possessing as little as a half-ounce of cannabis.

Governor Greg Abbott signed SB 339, also known as the Compassionate Use Act, legalizing low-THC medical cannabis. It has since been expanded to increase the legally allowable THC content from 0.5% to 1%. However, personal use remains illegal and punishable by jail time in this state.

Title 58 Chapter 37 Section 3.7 of the Utah Code decriminalized medical cannabis in the state. However, personal use will still net you some jail time in that state.

H. 511 in Vermont eliminated all penalties for possessing up to 1 ounce of cannabis in the state, including for personal use.

SB 1406 in Virginia made cannabis fully legal in the state.

Washington's Initiative 502 completely legalized cannabis in the state.

West Virginia's current laws impose a 90 jail sentence for a first offense of cannabis possession. However, in 2024, HB 4873 was introduced to legalize cannabis in the state.

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.