Where to Find (Legal) Weed in the US in 2024

In his 2024 State of the Union address , President Joe Biden reiterated his position that the United States needs to change how it controls cannabis , saying, “No one should be jailed for using or possessing marijuana.” Most Americans agree , and since the November 2023 election, when voters in the conservative state of Ohio voted overwhelmingly to legalize recreational cannabis use , nearly half of US states have legalized recreational cannabis use.

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. 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 has legalized cannabis for medical use, although that measure won’t take effect until 2025 year

While Biden has stopped short of pushing for federal legalization, the government has taken steps to decertify the drug as Schedule I under the Controlled Substances Act and reclassify it as Schedule III . For now, marijuana remains illegal at the federal level and is in the same category as heroin and other drugs that are considered to have “no medical use” and a high potential for abuse and addiction.

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.

• Ohio: During the November election , 57% of Ohio voters approved the legalization of recreational cannabis (a similar vote failed back in 2015 ). The law allows adults over 21 to possess 2.5 grams of cannabis and grow up to six plants for personal use. As Politico notes, the will of voters could theoretically be overturned by the legislature or court (which happened after South Dakota voters approved legal weed in 2021, but the measure was later declared unconstitutional ).

• Delaware: In April 2023 , Delaware Governor John Carney allowed two bills to legalize recreational marijuana to pass without signing them. Previously, the laws were passed by both houses of the legislature with overwhelming majorities. Possession of “quantities of cannabis for personal use” was immediately legalized , with sales for recreational use expected to begin in September 2024.

• Minnesota : On May 30, 2023 , Minnesota Governor Tim Walz signed a legalization bill that had previously been approved by the legislature with bipartisan support. While efforts to create a regulated local market are still ongoing, possession of up to 2 ounces of cannabis became legal in August .

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 (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 March 2024.

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