Which states have legalized cannabis in the United States?

Last update: 22/05/2024

Where is cannabis legal in the USA? The use, sale, possession, cultivation or transportation of cannabis in the United States is illegal at the federal level. The U.S. government does, however, allow states to legislate for the decriminalization of cannabis, for recreational or medical use, if a regulatory system is put in place.

Cannabis - widely known marijuana in the U.S. - is still classified nationally as a level 1 drug (Schedule 1), corresponding to drugs with a high abuse potential and no recognized medical use. Under President Joe Biden, cannabis is expected to be reclassified as a level 3 drug, recognizing its medical use and lesser dangerousness.

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Here is the list of the 50 American states, classified by level of legislation:

• legal cannabis use
• cannabis use decriminalized
• use of cannabis legalized for therapeutic purposes only
• illegal cannabis use

Map of legal cannabis in the United States

American states where cannabis is legal

Colorado and Washington were the first US states to legalize cannabis in 2012. Since then, many American states have also chosen and voted in favor of cannabis legalization.

Alaska : possession was legalized on November 4, 2014. Alaskans can carry up to 28 grams of weed and can grow up to 6 feet personally, or professionally with a license. Therapeutic use is, of course, permitted. In 2019, Alaska has legalized cannabis lounges, the first state to do so.

Arizona Arizona legalizes recreational cannabis with Proposition 207 in November 2020. The new law allows people aged 21 or over to possess up to one ounce of cannabis (28g) and grow up to 6 plants for non-commercial purposes in a private residence. Medical cannabis was legalized by popular vote in November 2010.

California the California legalized cannabis on November 8, 2016 via the Proposition 64 [EN]. Legalization took effect on January 1, 2018. It authorizes the possession of 28 grams of weed or 8g of concentrates, the cultivation of 6 feet of cannabis indoors Prior to this, cannabis was only allowed in a therapeutic setting. Without a medical prescription, possession of less than 28 grams of weed did not result in imprisonment, but a fine of 100$. With a prescription, California patients can possess up to 224 grams (8 ounces), grow 6 flowering plants and 12 growing plants. California was the first state to legalize medical marijuana on November 5, 1996, via the Proposition 215 [The first law on reduced penalties for marijuana possession dates back to July 1975 (when it was changed from a felony to a misdemeanor).

Colorado : since January 1, 2014, Colorado residents can legally buy up to 28 grams (7 for tourists), to be consumed exclusively at home. They can also grow up to 6 plants at home. L’amendment 64 [EN] (the name of the amendment relating to the legalization of cannabis in Colorado) had been voted on November 6, 2012.

Connecticut Governor Ned Lamont signed the complete legalization of cannabis in 2021, as well as social justice provisions. Possession became legal on July 1. Retail sales are expected to begin before the end of 2022.

South Dakota South Dakota became the first U.S. state to legalize both medical and recreational cannabis at the same time, in November 2020. The law takes effect on July 1, 2021. On that date, all adults aged 21 or older will be able to possess a total of one ounce (28g) of cannabis and no more than 8g of concentrate. Self-cultivation will be permitted, up to 3 plants per person and a limit of 6 plants per household.

Delaware cannabis has been decriminalized since June 19, 2015 (100$ fine for possession of less than 28 grams). It is legal since April 24, 2023. Retail sales will not begin until 2024, and self-cultivation is prohibited. Medical consumption has been authorized since 2011.

District of Columbia Since February 26, 2015, possession has been legal up to 57 grams, but sales have been restricted to therapeutic patients. Therapeutic use has been authorized since 2009. Cultivation for recreational purposes is authorized up to 6 plants, but with only 3 plants flowering at any one time. L’initiative 71 [EN] had been voted on November 4, 2014.

Washington State Since June 2014, residents of legal age in Washington state have been able to buy up to 28 grams of marijuana. Only therapeutic users can grow at home. Marijuana sellers, distributors and growers must all be licensed by the state. L’initiative 502 [had been passed in November 2012.

Illinois : Since 2016, possession of less than 10 grams was a simple offence punishable by a $100 to $200 fine. On the other hand, above 10 to 30 grams, it could result in a prison sentence of up to one year as well as a fine of several thousand euros. As of January 1, 2020, the cannabis is legal in Illinois for adults over the age of 21, at the initiative of the state government rather than a citizen referendum.

Maine : Maine legalized cannabis on November 8, 2016, with legal sales beginning on August 1, 2017. Medical marijuana has been legal since November 2, 1999. Possession of up to 75 grams was decriminalized on May 1, 2009. The cities of Portland and South Portland legalized possession of less than 75 grams on November 5, 2013.

Maryland Cannabis was legalized in November 2022. Prior to that, possession of less than 10 grams had been decriminalized since October 1, 2014. Therapeutic use is legal and supervised by commissions that issue permits for growers, dispensaries, doctors and patients. Passed in 2013, it is back in action in 2017.

Massachusetts : Recreational cannabis was legalized there on November 8, 2016 by 53.5% of voters. It authorizes the personal cultivation of 6 plants and the possession of 280g of cannabis. Possession of less than 28 grams was decriminalized on November 4, 2008 (punishable by a fine of up to 100$ at the time). Medical cannabis was legalized on November 6, 2012, by referendum with 60% Yes.

Minnesota The Minnesota legalized cannabis on May 30, 2023 via the signing of the bill by Democratic Governor Tim Waltz. From August 1, 2023, Minnesotans over the age of 21 will be able to possess up to 2 ounces of cannabis (56 grams) in public and 1 kilogram at home, as well as grow up to 8 eight plants at home, 4 of which are in flower.

Missouri The Missouri legalized cannabis in November 2022. Adults aged 21 and over will be able to buy and possess up to three ounces of cannabis. They will also be able to grow up to six flowering cannabis plants, six immature plants and six clones if they obtain a registration card. Medical cannabis has been legal here since parliamentary elections in November 2018, including self-cultivation.

Michigan : State legalizes recreational cannabis in the 2018 mid-terms elections. The measure, put to a popular vote, was approved by 56.8% to 43.2%. Individuals are allowed to possess 283 grams of cannabis at home, but (only) 70 grams in public places. They can also grow 12 plants. Legal sales have not yet begun.

Montana : Montana legalized cannabis in November 2020 via Initiative 190, which allows the consumption, production and sale of cannabis by adults. Medical cannabis has been legal there since 2014. Cannabis possession became legal on January 1, 2021, and recreational sales won't begin until 2022.

Nevada : Cannabis was legalized in the November 8, 2016 vote, with authorization for personal cultivation of 6 feet of cannabis. Cannabis possession was already decriminalized for adults. Medical use has been legal since November 7, 2000.

New Jersey New Jersey legalized cannabis in November 2020 with 67% of the vote. Therapeutic use has been authorized since January 18, 2010.

New York State The State of New York legalized cannabis on March 31, 2021. Before that, possession was decriminalized. Medical cannabis has been legal there since January 7, 2016, the date of the’medical cannabis program opens in New York, and its access was extended at the same time as the legalization of cannabis for adults.

New Mexico Cannabis became legal on June 29 in New Mexico, with restrictions on the amount that can be possessed and a ban on the public consumption of cannabis products. Retail sales are scheduled to begin in April 2022. Since April 2019, Under the new law, cannabis users were liable to a fine of 50$ for quantities of less than 14 grams.

Ohio The cannabis legalized in Ohio on November 7, 2023 with over 56% of the vote. Ohioans can now possess up to 2.5 ounces (70 grams) of cannabis and grow 6 plants for personal use, with a maximum of 12 plants for households consisting of two or more adults. Legal sales begin on August 6, 2024, with a dual-licensing system for medical dispensaries that will also be able to sell non-medical cannabis to speed up the roll-out of regulation.

Oregon : Possession of 28 grams of weed was legalized on July 1, 2015. Since January 1, 2016, residents over the age of 21 can possess up to 224 grams of cannabis and grow up to 4 cannabis plants per household. However, it is illegal to carry more than 28 grams in public. Visit measure 91 [EN] was passed on November 4, 2014. In November 2020, the state decriminalized all drugs and theequalized psilocybin therapy.

Vermont The Vermont legalized the sale of cannabis in October 2020. Since July 1, 2018, recreational cannabis had been legal, but without an outlet. Adults over 21 were allowed to possess up to 28 grams of cannabis, as well as 4 young plants and 2 mature plants. Cannabis sales remained illegal until October 2020, when the governor gave his approval. Vermont proceeded by passing a law instead of the traditional popular consultation.

Virginie The Virginia legislature has proven to be a model of efficiency in its legalization efforts. April 2020, legislators decriminalized cannabis, and in February 2021, legislators have also legalized recreational cannabis.

American states where cannabis is decriminalized

North Carolina Possession of less than 14g carries no prison sentence, and a maximum fine of 200$. Beyond that, consumers risk 45 days in prison and a fine of 1000$. Possession of more than 4.5kg is considered intent to sell and punishable by 18 years' imprisonment and a 100,000$ fine. In March 2015, a proposal to legalize medical cannabis was blocked by the state House of Representatives, with a 2-year hold.

North Dakota The State decriminalized possession of less than 14 grams of cannabis from a misdemeanor to a contravention punishable by a fine. It also downgraded offences for possession of more than 14 grams from felonies to misdemeanors.

Mississippi First offence possession of 30 grams or less carries a fine of only 250$. Medical cannabis has been legalized in November 2020 for 22 eligible medical conditions. Patients can obtain 2.5 ounces (70g) of medical cannabis every 14 days. Self-cultivation is not permitted.

Nebraska First offence: possession of less than an ounce of cannabis (around 28 grams) carries a fine of up to 300$ and drug prevention sessions. The second offence carries a fine of up to 500$ and 5 days in prison. The third offence carries a fine of up to 500$ and a week's imprisonment.

New Hampshire: Since 2017, possession of small quantities of cannabis has been changed from a misdemeanor to a contravention. Users arrested in possession of less than 21 grams of cannabis are liable only to a fine of 100$. This amount rises to 300$ for a third repeat offence within a three-year period. After the 4th repeat offence within the same period, the police can initiate criminal proceedings.

Rhode Island The following penalties apply: possession of 28 grams or less is punishable by a fine of 150$. 3 violations in 18 months would result in heavier fines and possible prison sentences. Therapeutic use has been authorized since January 3, 2006, for patients suffering from cancer, HIV or hepatitis. They can possess up to 70 grams of weed, and have been able to obtain supplies from compassion centers since 2009.

American states where medical cannabis is legal

Alabama Alabama: forced legalization, but legalization nonetheless. Alabama has authorized medical cannabis since May 17, 2021 for a very short list of indications and after ineffective use or contraindication of opiates for the patient. Possession of cannabis for personal use is illegal and punishable by a 6000$ fine and one year in prison on a first offense. Intent to sell is punishable by a $15,000$ fine and up to 10 years' imprisonment. Actual sale is punishable by 20 years' imprisonment and a 30,000$ fine, or 60,000$ if the sale is made to a minor.

Arkansas Legal since November 8, 2016. Distribution of medical cannabis is via a limited network of 40 dispensaries opening in spring 2017. The use of medical marijuana had been passed in a referendum in November 2012, but only 48% of voters said Yes. Possession of less than 112 grams is still punishable by a 2500$ fine and one year's imprisonment.

Connecticut : The therapeutic use of cannabis was legalized in 2012. The medical cannabis program has since been expanded, and the state boasts some 20 dispensaries.

North Dakota Medical cannabis authorized since November 8, 2016, for a list of specific disorders (glaucoma, cancer, HIV, epilepsy, multiple sclerosis, PTSD, etc.). Patients will be able to buy from dispensaries, or grow at home if there are no dispensaries within a 65km radius.

Delaware: the therapeutic use of cannabis has been legal since 2011. Since then, some changes have been made.

Florida Authorized in fumable form since November 8, 2016. Personal cultivation remains prohibited. Terminally ill patients have unlimited access in terms of dose or potency. Possession of less than 20 grams remains a misdemeanor and can result in a one-year license suspension. Possession of more than 20 grams is a felony.

Georgia authorized in oil form only CBD for medical purposes. Since 2019, the production and sale of the oil has been authorized. Prior to this, patients had to obtain supplies on the black market or from outside the state.

Hawaii Since June 15, 2000, only therapeutic use has been authorized.

Illinois Cannabis: therapeutic consumption legalized since January 1, 2014 (decree signed on August 1, 2013). Since August 2016, Illinois has also decriminalized cannabis possession for recreational use: possession of less than 10 grams is now classified as a civil offense, and the fine is a maximum of 200$.

Kentucky Cannabis for medicinal purposes was legalized in France at the beginning of April 2023. On the recreational side, possession of less than 230 grams is a misdemeanor, as is possession of 5 plants. Beyond that, it's a felony.

Louisiana For therapeutic use only. Since June 30, 2015, penalties have been significantly reduced, but remain heavy. The first offence of possession is punishable by a 300$ fine and 15 days' imprisonment, the second by a 1000$ fine and 6 months' imprisonment, the third by a 2500$ fine and 2 years' imprisonment, the fourth and subsequent offences by a 5000$ fine and 8 years' imprisonment. Cannabis may not be grown or consumed in smokable form.

Maryland : The therapeutic use of medical cannabis was legalized in 2014, but implementation of the medical cannabis program has been very slow. The first dispensaries only opened in 2017.

Minnesota : The state legalized medical cannabis in 2014 for nine medical conditions. Since then, activists have been trying to get the medical cannabis program expanded.

New Hampshire Medical marijuana has been authorized since July 23, 2013. Without a prescription, users risk 1 year in prison and a 2000$ fine. Since 2017, possession of less than 21 grams has been decriminalized, with a fine of 100$ or 300$ for repeat offenders.

New Mexico Medical cannabis has been legal since April 2007.

Ohio cannabis is decriminalized and therapeutic use was legalized in June 2016, with an implementation date of September 8, 2016.

Oklahoma Oklahoma: While Oklahoma used to be one of the toughest states on cannabis (possession of a grinder, space cake or hashish could lead to life imprisonment), the state has just authorized the use of cannabis for therapeutic purposes. Patients may possess up to 224 grams of cannabis, 6 flowering and 6 growing plants, as well as edibles and concentrates.

Pennsylvania Possession of less than 30 grams is a misdemeanor punishable by 30 days' imprisonment and a 500$ fine. For more than 30 grams, one year's imprisonment and a fine of 5000$. Visit therapeutic cannabis was authorized in April 2016.

Rhodes Island The legalization of the therapeutic use of cannabis was voted by the state in 2006. Self-cultivation is authorized.

Utah : Since thehe parliamentary elections in November 2018, therapeutic use of cannabis is legal.

West Virginia : A law legalizing medical cannabis was passed in 2017, but so far no dispensaries are operational.

American states where cannabis is illegal

South Carolina The first offence of cannabis possession can be punished by one year's probation.

Idaho Possession: possession of less than 85 grams (3 ounces) for personal use is a misdemeanor punishable by one year's imprisonment and a 1000$ fine. If more than 85 and less than 450 grams, it's a felony punishable by 5 years' imprisonment and a 10,000$ fine.

Indiana Possession is punishable by 6 months' imprisonment and a fine of 1000$. The use of medical marijuana is prohibited.

Iowa For the first three offences, possession of any quantity is classified as a misdemeanor. After three offences, smokers can be sent to rehab. Sale or cultivation is punishable by a fine of 100,000$ if a minor is involved, or if there is a school within 300 meters.

Kansas A bill was proposed on January 10, 2013. It would allow therapeutic patients to grow up to 12 plants and carry 180 grams of medical marijuana. The bill has been «stuck» in the administration's meanders since February 28, 2014. Cannabis possession is therefore still punishable by one year in prison and a 1000$ fine for a first offense. A second offence carries a fine of up to 100,000$. The third up to 300,000$.

Tennessee possession of less than 14 grams remains a misdemeanor punishable by one year's probation, except where marijuana is used in oil form to treat epileptic seizures, with a prescription.

Texas : Cannabis oil has been legal since June 1, 2015. Possession of less than 56 grams can be punished by 6 months in prison and a 2000$ fine. Several influential politicians are currently calling for the reform of marijuana legislation.

Wisconsin no bill in progress

Wyoming Under the influence of marijuana can result in 90 days' imprisonment and a 100$ fine. Possession of less than 85 grams can result in a one-year prison sentence and a 1000$ fine.

It's worth noting that some Indian reserves have the right to produce and consume marijuana, while other uninhabited territories such as American Samoa still prohibit the use of cannabis.