Where Is the Legal Weed?
The United States is getting colder: Over the past two months, two more states – Connecticut and New Mexico – have legalized recreational cannabis use, setting the stage for retail sales in those regions at some point in the future. Combined with the recent legalization of cannabis in Virginia, this has brought the number of states with recreational use permitted to 18; Cannabis (as opposed to CBD without THC) is still completely banned in 14 states, while the rest allow legal medical use with various restrictions. Even as Americans become more politically divided, cannabis continues to gain in popularity with every electoral cycle – and even in between – as public support rises, reaching nearly 70 percent according to a 2020 Gallup poll .
Of course, weed is also still illegal at the federal level. It is classified as a Schedule I drug under the Controlled Substances Act, placing it in the same category as heroin and other drugs deemed to have “no medical use” and have a high potential for abuse and dependence. While there are attempts to change the classification , for now, state law simply allows exemptions for certain uses.
Here’s a rundown of where marijuana is legal for recreational and medical use (and where it isn’t).
States that legalized marijuana in 2020 and 2021
In addition to New York, Virginia, Connecticut, and New Mexico, which legalized recreational cannabis through legislation, five states had anti-marijuana measures on the 2020 election ballots, and all five states approved marijuana by a wide margin, although only one of them allowed. currently offers the sale of entertainment, and another has invalidated the voters’ will through the judiciary.
- Arizona: Proposition 207 legalized the cultivation, possession and sale of marijuana for those over the age of 21. It also excludes some past marijuana-related felonies. Arizona residents were allowed to grow and store a limited number of weeds after November 30, 2020 , and the state recently began legal sales ahead of schedule .
- Connecticut: Gov. Ned Lamont signed into law on June 22, 2021, allowing recreational cannabis to be used and grown in the state, allowing adults aged 21 to have up to 1-1 / 2 ounces of the substance for personal use (self-grow). – up to six factories – will not be legal until mid-2023). The Connecticut Department of Consumer Protection hopes to begin issuing retail licenses by the end of 2022, according to the New York Times .
- Mississippi: Initiative 65 launches Mississippi medical marijuana program to treat 22 diseases . The law will come into force in August 2021.
- Montana: While Montana has already authorized medical marijuana, Initiative 190 has legalized possession, recreational use, and sale to adults over the age of 21. It also allows those convicted of marijuana crimes to apply for a review or expulsion. Most of the measure will take effect on October 1, 2021 .
- New Jersey: Question 1 legalized recreational weed for adults 21 and older, and existing medical marijuana dispensaries in New Jersey will be allowed for sale to the general public once legislators pass legislation to regulate the rules. The implementation was not immediate, but state senators promised to act quickly. Here’s an update on what the law includes and does not cover as of March 2021.
- New Mexico: One week after Connecticut, on June 29, 2021, New Mexico also legalized recreational weed with its legislation. Unlike some other states, immediate possession and growing of cannabis at home became legal almost immediately under the New Mexico Cannabis Regulation Act . Farmers can grow up to 12 plants in one house without a permit and own up to two ounces. Working relatively quickly, the state hopes to begin issuing licenses for the sale of recreational goods by April 2022 .
- New York: Unlike other states that have recently legalized cannabis, New York has taken a legislative path rather than appealing to voters with new laws that dictate how cannabis will be taxed, where that income will go and how it will be applied past felonies. to be processed. While it will take the government some time to figure out how to enforce the new laws, following the signing of the bill, it became legal for New Yorkers to own up to 3 ounces of cannabis for personal use .
- South Dakota: South Dakota adopted two voting measures: the first established a medical marijuana program, and the other legalized the possession, use, transport and distribution of marijuana to all adults. The latest, Amendment A , was supposed to go into effect on July 1, 2021 , but the state legislature is currently working to counter the will of voters, with one judge already invalidating the amendment (a decision that cannabis lawyers have appealed to the state Supreme Court ), and also narrow down and postpone the implementation of the medical cannabis program , although the latter is still in effect on July 1, 2021.
- Virginia: Virginia, another state to legalize “weed for fun” this year, followed New York’s lead by highlighting efforts to “highlight” social justice “in structuring how tax revenues generated would be used, according to NPR … As of July 1, 2021, Virginia residents can legally own up to an ounce of cannabis; Lawmakers are still arguing about the timing of retail sales, which may not happen until 2024 .
States that legalized recreational marijuana
Marijuana is treated like alcohol in 18 states , including new additions in 2020 and 2021 (excluding South Dakota, where the case is in court) – adults (21 and older) can buy it, and it is regulated and taxed by the government. The specifics of what you can buy and own (and where) vary slightly from state to state. These states also have medical marijuana.
- Alaska
- Arizona
- California
- Colorado
- Connecticut
- Illinois
- Maine
- Massachusetts
- Michigan
- Montana
- Nevada
- New Jersey
- New Mexico
- New York
- Oregon
- Vermont
- Virginia
- Washington
Recreational weed is also legal in Guam and the Northern Mariana Islands.
States that have legal weed but no sales
In the District of Columbia, it is legal to store and grow a limited amount of marijuana , but there is no commercial sale of marijuana in a limited number of licensed pharmacies.
States with medical cannabis laws
Several states have legalized medical marijuana, but do not allow its wider recreational use.
- Alabama
- Arkansas
- Delaware*
- Florida
- Hawaii *
- Louisiana
- Maryland *
- Minnesota*
- Missouri*
- New Hampshire *
- New Mexico*
- North Dakota*
- Ohio*
- Oklahoma
- Pennsylvania
- Puerto Rico
- Rhode Island*
- North Dakota
- Utah
- Virginia *
- West Virginia
* According to the draft marijuana policy, these states have also decriminalized marijuana by reducing or removing jail sentences for possession of a limited amount of marijuana.
States that decriminalized weed
Nebraska and North Carolina have laws that decriminalize marijuana to some extent, which means fines for the first possession of small quantities of marijuana are reduced. Both received suspended sentences for their first offense – a fine is being imposed in Nebraska and possibly taking drug education courses. Medical marijuana legislation has failed in both states.
States that have (almost) nothing
The rest of the states do not allow widespread medical or recreational marijuana – and do not decriminalize marijuana – although all but Idaho do allow access to low THC foods containing CBD for medical use.
- Georgia
- Idaho
- Indiana
- Iowa
- Kansas
- Kentucky
- South Carolina
- Tennessee
- Texas
- Wisconsin
- Wyoming
An earlier version of this story included a misspelled image. Washington and Vermont have been erroneously listed as the states that allow the use of marijuana for medical purposes rather than recreational purposes. Virginia was mistakenly classified as not having a medical marijuana program, but its first dispensaries opened in 2020. This article was updated on March 31, 2021 to reflect New York’s acceptance of legal cannabis, and again on April 9, 2021 to add information on Virginia’s legalization of cannabis and attempts to undermine voters in South Dakota. It was updated again on July 27, 2022 to reflect changes in laws in Connecticut, New Mexico, Alabama, and Mississippi.