Where to Toke and Where It’s Still No Joke: Cannabis Laws by State

Cannabis use is a divisive issue in America. Many use it to treat illnesses like chronic pain and seizures, while others use it recreationally. Despite growing advocacy for legalization, many states continue resisting, resulting in a patchwork of laws nationwide. To clarify the legal landscape, 24/7 Tempo compiled the relevant laws in each state as of October 2025. 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.

This post was updated on October 24, 2025 to clarify "Harris rider" restrictions in DC, restrictions in VI, recent medical cannabis approval in NE, Julian's Law in SC, history of CBD in NC, criminalized possession in TN, MS decriminalization in 1978, history of SD laws, the Utah Medical Cannabis Act, and conventional therapy use in Alabama, as well as provide up-to-date info on Florida's 2024 amendment.

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 conventional therapy to have failed for pain management. Doctors must 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, HB1 and HB2 removing the penalties for cannabis possession and laying out regulations for cannabis control.

In 2014, the District of Columbia's Initiative 71 legalized possession of up to 2 ounces of cannabis for personal use for adults over the age of 21. Congress's "Harris rider" still blocks regulated adult-use sales; many shops operate via "gifting."

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. The Florida Supreme Court approved the adult-use amendment for the 2024 ballot (Apr. 1, 2024), but voters ultimately did not pass it. It failed to reach 60% in Nov. 2024.

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, flower, 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 dispensaries to be established, 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.

MS decriminalized small-amount possession decades ago, in 1978. HB 1158 and SB 2095 in Mississippi allowed for medical use of cannabis.

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. The first offense is treated as a civil infraction. However, voters approved medical cannabis in Nov. 2024; regulators are now writing rules, but for now, adult-use remains illegal.

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

New Hampshire is the only state in New England without legal cannabis. Really! Every other state in New England has legalized it! 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.

Despite once having a limited CBD program, all cannabis use is currently illegal in North Carolina. Small-amount possession is a Class 3 misdemeanor typically punished by a fine. There's still no comprehensive medical or adult-use.

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.

Regular cannabis use is illegal in South Carolina, but the state has a narrow low-THC CBD law ("Julian's Law," 2014) for severe epilepsy; comprehensive medical hasn't passed.

Adult-use passed in 2020 but was struck down by the state supreme court; a 2022 bid failed. Medical cannabis in South Dakota is hotly debated, though it remains legal and operating.

Tennessee only has a strictly limited low-THC law for certain conditions and continues to criminalize possession, placing people in jail for 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.

The Utah Medical Cannabis Act legalized medical cannabis in the state. However, personal use will still net you some jail time.

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 legalized possession of one oz and limited home grow (up to 4 plants) in 2021 (SB1406), but no statewide retail sales have been authorized. Several attempts to stand up a retail framework stalled. Public consumption remains illegal.

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.