Where to Find (Legal) Weed in the USA

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The slow transformation of the United States into a paradise for 420 people continues apace: During the November 2023 election, Ohio voters voted overwhelmingly to legalize recreational cannabis use , setting the stage for retail sales there at some point in the future. It was a strong victory for legalization in a state that has been reliably conservative in recent election cycles.

Ohio became the third state, after Delaware and Minnesota, to pass legalization measures in 2023, bringing the number of states with legal recreational use to 24; cannabis (as opposed to CBD, which does not contain THC) is still (more or less) completely illegal in 12 states, while the rest allow legal medical use with varying restrictions.

Even as Americans become increasingly divided politically, cannabis continues to gain popularity with each election cycle (and even in between) as public support grows, with nearly 7 or 10 Americans favoring legalizing the possession of small amounts of the drug for personal use . according to a Monmouth University poll published in the Washington Post. While most states that have legalized marijuana are generally considered “blue” (suggesting one political party remains much cooler than the other), even Mitch McConnell’s Kentucky recently legalized cannabis for medical use, although this measure will come into effect force only in 2025 .

Despite Joe Biden’s vague gestures toward federal legalization last year, including asking the Department of Justice to “reconsider” the drug’s Schedule I certification under the Controlled Substances Act, marijuana remains illegal at the federal level and falls into the same category as heroin and other drugs. It is considered to have “no medical use” and has a high potential for abuse and addiction. (After the Ohio legalization vote, the Biden administration confirmed that the President’s position on federal legalization remains unchanged , meaning it won’t happen anytime soon.)

Here’s a rundown of where weed is legal for recreational and medical use (and where it isn’t).

States that will legalize weed in 2023

In addition to Ohio, which legalized recreational cannabis through a ballot initiative, Delaware and Minnesota changed their laws through legislation earlier this year.

States that have legalized recreational marijuana

In 24 states , including new ones added in 2023, weed is treated like alcohol: it is legal for adults (21 and older) to purchase and is regulated and taxed by the government. The specifics of what you can purchase and have (and where) vary slightly by state. These states also have medical marijuana.

  • Alaska

  • Arizona

  • California

  • Colorado

  • Connecticut

  • Delaware

  • Illinois

  • Maine

  • Maryland

  • Massachusetts

  • Michigan

  • Minnesota

  • Missouri

  • Montana

  • Nevada

  • New Jersey

  • New Mexico

  • NY

  • Ohio

  • Oregon

  • Rhode Island

  • Vermont

  • Virginia

  • Washington

Recreational weed is also legal in Guam and the Northern Mariana Islands.

Areas that have legal weed but no sales

The District of Columbia allows the possession and cultivation of a limited amount of marijuana, but there is no commercial sale of marijuana outside of medical marijuana in a limited number of licensed dispensaries .

States with Medical Cannabis Laws

A number of states have legalized marijuana for medical purposes, but do not allow wider recreational use.

  • Alabama

  • Arkansas

  • Delaware*

  • Florida

  • Hawaii*

  • Kentucky

  • Louisiana

  • Minnesota*

  • New Hampshire*

  • New Mexico*

  • North Dakota*

  • North Dakota

  • Ohio*

  • Oklahoma

  • Pennsylvania

  • Puerto Rico

  • North Dakota

  • Utah

  • Virginia*

  • West Virginia

*According to the Marijuana Policy Project, these states have also decriminalized marijuana, reducing or eliminating prison sentences for possession of limited amounts of pot.

States that have decriminalized weed

Nebraska and North Carolina have laws that decriminalize marijuana to a certain extent, meaning penalties for first-time possession of small amounts of weed are reduced. Both were given suspended sentences for their first offense, which includes a fine and possible drug education in Nebraska. Medical marijuana legislation failed in both states.

States that have, well, (almost) nothing

The remaining states do not allow marijuana for medical or recreational purposes (and marijuana is not decriminalized), although all but Idaho allow access to low-THC CBD products for medical use (which, while technically “legal medical cannabis”) “, not entirely suitable for medical purposes). the same as a sustainable legal medical market).

  • Georgia

  • Idaho

  • Indiana

  • Iowa

  • Kansas

  • Nebraska

  • North Carolina

  • South Carolina

  • Tennessee

  • Texas

  • Wisconsin

  • Wyoming

This article, originally published in 2020, has been updated periodically to reflect changing laws across the country. It was last updated in November 2023.

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