Cannabis State Laws

Legality of Marijuana is the United States

StateLegalityCriminalizedRecreationalMedicalTransportationCultivationSummaryOur Lawyers
Alabamalegal for medical use, limited THC contentcriminalizedfelony
(1st-offense possession is a misdemeanor)
non-psychoactive CBD oilno clear infoillegal1st time may be punished as a misdemeanor, but further possession, or intent to sell, can result in felony charges.
Alaskalegalcriminalizedlegallegalup to 1 oz. (28 grams)12 plants in a household with two adults 21+, or no limit with commercial licenseLegalized by Measure 2 on November 4, 2014
Arizonalegal for medical usecriminalizedillegallegalmedical use onlymedical use onlyNovember 2010: medical marijuana legalized when Proposition 203 passed with 50.13% of the vote.
Arkansaslegal for medical usecriminalizedillegallegalmedical use onlymedical use onlyPossession under three ounces a misdemeanor; Cities of Fayetteville and Eureka Springs labeled cannabis their lowest law enforcement priority. November 8, 2016: medical marijuana legalized when Issue 6 passed by 53%.
Californialegalcriminalizedlegallegalup to 1oz. (28 grams)six plants, or commercially licensedJuly 1975: Senate Bill 95 reduced the penalty for possession of one ounce (28.5 grams) or less of cannabis to a citable misdemeanor.
November 1996: first state to legalize medical marijuana when Proposition 215 passed by 56%.
November 2016: Proposition 64 passed by 57% to 43%, legalizing sale and distribution, effective January 1, 2018.
CA 420 Lawyer Rev. Scott H. Linden, Esq.
Coloradolegalcriminalizedlegallegalup to 1oz. (28 grams)six plants, or commercially licensedColorado Amendment 64 legalized the sale and possession of marijuana for non-medical use on November 6, 2012, including cultivation of up to six plants with up to three mature. It was the first state to legalize retail sales of recreational marijuana.
Connecticutlegal for medical usedecriminalizeddecriminalizedlegalfelonyfelonyPossession of less than a half-ounce by those 21 or over, results in graduated fines, and confiscation. Under 21 face more sanctions, with temporary loss of drivers license.
Delawarelegal for medical usedecriminalizeddecriminalized (civil infraction)legalmedical use onlymedical use onlyFebruary 10, 2012: Governor Markell suspended medical marijuana after a Justice Department letter threatened federal prosecution. On August 31, 2016, Gov. Markell signed House Bill 400, expanding medical cannabis programs for those with a terminal illness.
District of Columbialegalcriminalizedlegal (no commercial sales)legal (commercial sales)legal to carry up to 2 oz. (56.7 grams)legal to grow up to six plants (only three mature at a time) for recreational purposes; no provision for commercial recreational cultivation1998: Initiative 59 was voted in to allow medical marijuana, but its effecting was blocked by Congress until 2009.
2014: D.C. Mayor Vincent Gray signed a bill that decriminalized possession of up to an ounce (28 grams) of marijuana in the U.S. capital for persons 18 years of age or older. The law made possession a civil violation with a penalty of $25, lower than most city parking tickets.
2014, D.C. voted by ballot Initiative 71 to legalize marijuana possession and cultivation for personal recreational use (commercial production and sale not permitted); the law went into effect February 26, 2015 following 30 days of Congressional review.
Floridalegal for medical usecriminalizedillegallegalmedical use onlymedical use onlyNovember 8, 2016: medical marijuana legalized as of July 1, 2017 when voters passed Amendment 2 by 71%.
Georgialegal for medical use, limited THC contentcriminalizedillegal; decriminalized in the cities of Atlanta, Clarkston, Forest Park, Savannah, South Fulton, Statesboro, and unincorporated Fulton County.CBD oil less than 5% THCmedical use onlyillegalMisdemeanor possession of one ounce or less can be punished by a fine up to $1000 or up to 12 months in jail. It is a felony for anyone to possess more than one ounce, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana and it is punishable by imprisonment for no less than one year and no more than ten years. City and county level punishments for misdemeanor possessions vary.

April 16, 2015: use of low-THC CBD oil legalized for medical use, but in-state cultivation, production, and sale remains illegal.
Hawaiilegal for medical usedecriminalizeddecriminalizedlegalagainst program rulesmedical use onlyJune 15, 2000: Governor Benjamin Cayetano signed bill legalizing medical marijuana. First state legislature to do so.

July 14, 2015: Governor David Ige signed bill allowing medical cannabis dispensaries.

July 14, 2016: Governor Ige signed law expanding medical cannabis programs.

June 25, 2019: Governor Ige announced that he would not veto a bill passed by the legislature to decriminalize less than three grams of marijuana. Law went into effect January 11, 2020.
Idahoprohibitedcriminalizedmisdemeanor (85 grams/3 oz. or less)CBD oil containing 0% THCno clear infofelonyPossession of 3 ounces or less a misdemeanor up to 1 year prison or fine up to $1,000 or both. More than 3 ounces but less than 1 pound a felony up to 5 years in prison or fine up to $10,000 or both.

In 2015, the Idaho Attorney General stipulated that CBD must both contain zero THC and be derived from one of the five identified parts of the cannabis plant, otherwise it is illegal in Idaho under current law.
Illinoislegalcriminalizedlegallegalup to 1.1 oz. (30 grams)five plants (medical use only)Cannabis Control Act of 1978 allowed for medical marijuana but was never implemented.

August 1, 2013: Gov. Pat Quinn signed bill legalizing medical marijuana effective January 1, 2014.

May 31, 2019: The General Assembly passed the Illinois Cannabis Regulation and Tax Act to legalize recreational marijuana use beginning January 1, 2020, allowing adults age 21 and over to possess up to 30 grams. With Gov. Pritzker's signature on June 25, Illinois became the first state in the nation to legalize adult marijuana sales through an act of state legislature.
Indianalegal for medical use, limited THC contentcriminalizedmisdemeanor up to 6 months, $1000 fineCBD oil less than 0.3% THC, legal for any useno clear infoillegal1913: prohibited
Iowalegal for medical use, limited THC contentcriminalizedillegalcannabis oil less than 3% THCno clear infofelony2014 CBD oil legalized
Kansaslegal for medical use, limited THC contentcriminalizedmisdemeanorCBD oil containing 0% THC, legal for any useno clear infoillegal1927: prohibited
2018: CBD oil exempted from the definition of marijuana.
Kentuckylegal for medical use, limited THC contentcriminalizedmisdemeanor (less than 8 oz (230 g))CBD oilno clear infomisdemeanor (less than 5 plants)2014 CBD legalized
Louisianalegal for medical usecriminalizedillegallegalmedical use onlyillegal1924: prohibited
2015: medical cannabis legalized
Mainelegalcriminalizedlegallegallegal to carry up to 2.5oz. (71 grams)up to three mature plants, 12 immature plants and unlimited number of seedlings; or commercially licensed 1913: prohibited
1976: decriminalized
1999: medical cannabis
2009: further decriminalization
2016: legalized recreational.
Marylandlegal for medical usedecriminalizeddecriminalized (10g or less)legalmedical use onlyillegalApril 14, 2014: SB 364 decriminalized possession of 10 grams or less punishable by $100 fine for first offense, $250 fine for second offense, and $500 fine plus possible drug treatment for third offense. HB 881 legalized medical cannabis. Both laws effective October 1, 2014.
Massachusettslegalcriminalizedlegallegalup to 1 oz. (28 grams)1 oz of marijuana outside the home, 10 oz inside the home, up to six plants.2008: decriminalized cannabis by 63% vote on Question 2. One oz or less punishable by $100 fine.
2012: medical marijuana legalized when Question 3 passed by 60%.
2016: legalized recreational marijuana when Question 4 passed by 54%.
Michiganlegalcriminalizedlegallegalmedical and recreational2.5 oz of marijuana outside the home, allows 10 oz and up to 12 plants per household2008: legalized medical cannabis
2018: legalized recreational cannabis
Minnesotalegal for medical usedecriminalizeddecriminalizedlegalmedical use onlymedical use only1976: decriminalization
2014: medical cannabis legalized.
Mississippilegal for medical use, limited THC contentdecriminalized decriminalized (first offense; 30 grams or less)CBD oilno clear infoillegal1978: decriminalized
2014: CBD legalized.
Missourilegal for medical usecriminalizeddecriminalizedlegalno clear infolegal for medical use2014: decriminalized
2014: CBD legalized
2018: Missouri voters approved Amendment allowing for the distribution and regulation of medical cannabis.
Montanalegal for medical usecriminalizedillegallegalmedical use onlymedical use onlyPossession 60 grams or less up to 6 months in prison and fine of $100–$500. Second offense up to 3 years in prison or fine up to $1,000 or both. More than 60 grams a felony up to 5 years in prison or fine up to $50,000 or both. Intent to distribute a felony up to 20 years in prison or fine up to $50,000 or both.
Nebraskaprohibiteddecriminalizeddecriminalized (first offense only)illegalno clear infoillegalPossession up to one ounce fined up to $300 for first offense, with potential mandatory drug education. Second offense fine up to $500 and up to five days' jail, third offense up to $500 fine and maximum one week jail.
Nevadalegalcriminalizedlegallegalmedical and recreational use(adults at least 21) 6 plants per householdNovember 7, 2000: medical marijuana legalized with 65% vote on Question 9.
November 8, 2016: recreational marijuana legalized when Question 2 passed by 54%. Home cultivation allowed if 25 miles away from store.
New Hampshirelegal for medical usedecriminalizeddecriminalized (up to three-quarters of an ounce)legalmedical use onlymedical use onlyJuly 23, 2013: medical marijuana legalized when Governor Maggie Hassan signed HB 573. July 11, 2015: Governor Hassan expanded medical marijuana law. July 18, 2017: Governor Chris Sununu signed bill decriminalizing up to three-quarters of an ounce.
New Jerseylegal for medical usecriminalizedillegallegalmedical use onlymedical use onlyJanuary 18, 2010: medical marijuana law signed by Governor Jon Corzine. Maximum 1 year in prison and 1,000 dollar fine for possession of up to 50 grams. September 19, 2016: Governor Chris Christie signed Assembly Bill 457 adding PTSD as qualifying condition for medical marijuana, effective immediately.
New Mexicolegal for medical usedecriminalizeddecriminalized (up to three-quarters of an ounce)legalmedical use onlymedical use onlyMedical use was legalized in 2007 when Governor Bill Richardson signed Senate Bill 523. Legislation to decriminalize was signed in 2019.
New Yorklegal for medical usedecriminalizeddecriminalizedlegalmedical use onlymisdemeanorJuly 14, 2014: medical marijuana legalized when Governor Andrew Cuomo signed legislation allowing edibles, oils, pills, and vaporization, but not smoking.

June 20, 2019: full decriminalization bill passed legislature, sending the bill to Governor Cuomo, who is expected to sign it. The bill decriminalizes amounts under two ounces, providing for a $50 fine for under one ounce and $100 for under two ounces. It also eliminates the "in public view" loophole whereby police would demand suspects empty their pockets, thus causing the cannabis to be in public view.
North Carolinalegal for medical use, limited THC contentdecriminalizeddecriminalized (1.5 oz or less)CBD oilillegalillegal1977: decriminalized
2015: CBD legalized.
North Dakotalegal for medical usedecriminalizeddecriminalized (0.5 oz or less)legalmedical use onlyno clear infoNovember 8, 2016: legalized medical marijuana when voters passed Measure 5 by 64%.
May 2019: decriminalized.
Ohiolegal for medical usedecriminalizeddecriminalized (civil infraction)legalno clear infomedical use onlyJune 8, 2016: Governor John Kasich signed legislation legalizing medical marijuana.
Oklahomalegal for medical usecriminalizedillegallegalno clear infolegal with medicinal license1933: criminalized
2015: Governor Mary Fallin signed law allowing CBD oil for children with epilepsy.
June 26, 2018: Voters in Oklahoma approved State Question 788, legalizing medical marijuana.
Oregonlegalcriminalizedlegallegalup to 1 oz., more for licensed cultivators(adults 21+) 4 plants per householdIn 1973, Oregon became the first state to decriminalize cannabis. Voter approved Measure 91 November 4, 2014 provides for possession and sale of set amounts of cannabis. Cannabis sentencing reform signed July 1, 2015 by Governor Kate Brown. More medical cannabis reforms signed July 28, 2015 by Governor Brown effective October 1, 2015. Governor Brown signed 25% cannabis sales tax.
Pennsylvanialegal for medical usecriminalizedillegallegalmedical use onlymedical use onlyMedical use law signed by Governor Wolf April 17, 2016. Possession of 30g or less up to 30 days in jail and fine up to $500. More than 30g a misdemeanor up to a year in jail and $5000 fine.
Rhode Islandlegal for medical usedecriminalizeddecriminalized (civil violation)legalmedical use onlymedical use onlyPossession of an ounce $150 fine, three violations within 18 months a misdemeanor with larger fines or prison or both.
South Carolinalegal for medical use, limited THC contentcriminalizedmisdemeanorcannabis oil less than 0.9% THCCBD oilillegal2014: Governor Nikki Haley signed Senate Bill 1035, "Julian's Law", allowing children with severe epilepsy to be treated with CBD oil if recommended by a physician.
South Dakotalegal for medical use, limited THC contentcriminalizedmisdemeanorillegalno clear infoillegalPersonal use of 2 oz or less a Class 1 misdemeanor punishable by a maximum 1 year in prison and a maximum fine $2,000.
Tennesseelegal for medical use, limited THC contentcriminalizedmisdemeanor (less than 1/2 ounce; first or second offense only).cannabis oil less than 0.9% THCCBD oilmisdemeanor: 9 plants or less; felony: 10+ plantsFirst-time possession one year supervised probation instead of one year in prison; *Possession of 1/2 ounce or more for resale a felony. CBD oil possession allowed as of May 4, 2015, if suffering seizures or epilepsy with recommendation of doctor.
Texaslegal for medical use, limited THC contentcriminalizedIllegal. "Cite and Release" in Houston, Dallas, San Antonio, and Austin residents of Travis CountyCBD oil with no more than 0.5% THC and no less than 10% CBDno clear infoillegalDec. 2014: "possession of up to two ounces of marijuana can result in a jail sentence of up to six months and fine of up to $2,000." June 1, 2015: governor Greg Abbott signed a bill legalizing CBD oil for medical use in patients with intractable epilepsy. In May 2019, Texas expanded the qualifying conditions of medical cannabis to include Parkinson's disease, ALS, autism, multiple sclerosis, spasticity and terminal cancer.
Utahlegal for medical usecriminalizedmisdemeanorlegalno clear infoillegalHB 105 signed in 2014 allows use of low-THC cannabis oil for patients with epilepsy. HB 195 signed in March 2018 allows cannabis for certain terminally ill patients.

Possession up to an ounce 6-months prison and maximum fine $1,000. Over 10 ounces $10,000 fine. Selling any amount a felony with 5 years in prison and $5,000 fine.
Vermontlegalcriminalizedlegal (up to one ounce or yield of two mature plants, no commercial sales)legal (medical sales allowed)legaltwo mature plants, four immatureMay 19, 2004: medical marijuana legalized when Senate Bill 76 passed, expanded in June 2007 by SB 7.
June 6, 2013: Governor Peter Shumlin signed HB200 decriminalizing one ounce. January 2018: HB511 passed, legalizing one ounce and two plants, taking effect on July 1, 2018. First state legislature to legalize recreational marijuana.
Virginialegal for medical use, limited THC contentdecriminalizeddecriminalizedcannabis oil less than 5% THCno clear infoillegalDecriminalized up to one ounce (punishable by a $25 fine) per legislation signed by Gov. Ralph Northam in April 2020.
Washingtonlegalcriminalizedlegallegallegallegal with restrictions and licensingLegalized by Washington Initiative 502 in 2012, the law permits anyone over 21 to carry one ounce, and it requires licensed sellers, distributors and growers. Home growing is not allowed except for medical use. First state to legalize recreational marijuana (Dec 6, 2012, by 4 days).
West Virginialegal for medical usecriminalizedmisdemeanorlegalno clear infoillegalCompassionate Use Act for Medical Cannabis; providing for protections for the medical use of cannabis..
Wisconsinlegal for medical use, limited THC contentcriminalized misdemeanor on first offense, felony on subsequent offensesCBD oilqualified patients may have 12 plants and three oz of leaves or flowers.felonyFirst possession a misdemeanor fine up to $1,000 or imprisonment up to 6 months, or both. Second offense a Class I felony fine up to $10,000 or imprisonment up to 3.5 years, or both.
Wyominglegal for medical use, limited THC contentcriminalizedmisdemeanorCBD oilno clear infoillegalBeing under the influence of marijuana is a misdemeanor up to 90 days in prison and fine up to $100. Possession three ounces or less a misdemeanor up to 1 year in prison and fine up to $1000.

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California proposition 215

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