Legality of cannabis by U.S. jurisdiction

Cannabis laws in the United States¹
----

  Jurisdiction with legalized cannabis.

  Jurisdiction with both medical and decriminalization laws.²

  Jurisdiction with legal psychoactive medical cannabis.

  Jurisdiction with legal non-psychoactive medical cannabis.

  Jurisdiction with decriminalized cannabis possession laws.

  Jurisdiction with cannabis prohibition.

---- ¹ Includes laws which have not yet gone into effect.
² Marked states have only legal non-psychoactive medical cannabis. ---- * Cannabis remains a Schedule I substance under federal law as of 2015.
* Some cities and Indian Reservations have legalization policies separate from their surrounding states.
* Cannabis is illegal in all Federal enclaves.

The use, possession, sale, cultivation, and transportation of cannabis is illegal under federal law in the United States. However, the federal government has articulated that if a state passes a law to decriminalize cannabis for recreational or medical use, they can do so, under the condition that a regulation system for cannabis is in place. Cannabis is listed as a Schedule I substance under the Controlled Substances Act of 1970, the highest classification under the legislation. Part of the reason marijuana remains illegal at the federal level is because it is classified as a Schedule I drug. A Schedule I drug, as defined by the Drug Enforcement Administration, is a substance that has a high potential of being abused by its users and has no acceptable medical uses.^[1]

Individual state laws do not always conform to the federal standard. State-level proposals for the rescheduling of cannabis have met with mixed success. As of November 9, 2016, the use of both recreational and medicinal marijuana has been entirely legalized in the states of Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon and Washington.^[2] The District of Columbia has fully legalized recreational and medical marijuana, but recreational commercial sale is currently blocked by Congress. Twelve states have both medical marijuana and decriminalization laws (three of them being CBD only). Twelve states, Guam, and Puerto Rico have legalized psychoactive medical marijuana, while another twelve have only legalized non-psychoactive medical marijuana. One state and the U.S. Virgin Islands have only decriminalized possession laws. In the remaining five states and two inhabited territories, marijuana possession and sales are illegal and prohibited entirely.

By state

State		Possession	Sale	Transportation	Cultivation	Notes
Alabama	e	Medical use only. Otherwise felony (1st-offense, personal use possession is a misdemeanor)	felony	not clearly stated	illegal	First-time possession for personal use may be punished as a misdemeanor, but further personal possession, or intent to sell, can result in felony charges.
Alaska	a	legal	medical and recreational use	legal to carry up to 1 oz. (28 grams)	legal to grow up to 24 plants for an individual, or commercially with a license	Legalized in Measure 2 on November 4, 2014.[3]
Arizona	d	medical use only	medical use only	medical use only	medical use only	In November 2010 Arizona legalized medical marijuana when the voters passed Proposition 203 with 50.13% of the vote.[4][5][6]
Arkansas	d	medical use only	medical use only	medical use only		Possession of amounts under 3 ounces is a criminal misdemeanor; the cities of Fayetteville and Eureka Springs have labeled cannabis the "lowest law enforcement priority". On November 8, 2016, the state legalized medical marijuana when voters passed Issue 6 by 53%.[7]
California	a	legal	medical and recreational use	legal to carry up to 1oz. (28 grams)	legal to grow up to six plants for an individual, or commercially with a license	In July 1975, Governor Jerry Brown enacted Senate Bill 95, which reduced the penalty for possession of one ounce (28.5 grams) of cannabis or less to a citable misdemeanor.[8] On November 5, 1996, California became the first state in the United States to legalize medical marijuana when the voters passed Proposition 215 by 56%.[9] On September 30, 2010, Governor Arnold Schwarzenegger signed Senate Bill 1449 which further decriminalized the possession of 1 ounce or less to a civil infraction leading to no jail time and punishable by a maximum $100 fine.[10][11] On July 6, 2015 California Governor Jerry Brown signed the Medical Cannabis Organ Transplant Act into law.[12] Governor Jerry Brown signed a bill targeting illegal marijuana growers.[13] Governor Jerry Brown also signed a bill to enhance and update California medical cannabis statutes.[14] On October 9, 2015, Governor Jerry Brown signed into law even further legislative statutes on medical cannabis.[15] In September 2016 Jerry Brown signed into law more bills on cannabis reforms (such as abolishing the deadline, micro-farming of cannabis and the standards, protections for medical cannabis manufacturers).[16][17][18]
Colorado	a	legal	medical and recreational use	legal to carry up to 1 oz. (28 grams)	legal to grow up to six plants for an individual, or commercially with a license[19]	Colorado Amendment 64 legalized the sale and possession of marijuana for non-medical uses on November 6, 2012, including private cultivation of up to six marijuana plants, with no more than three being mature.[20][21]
Connecticut	b	decriminalized (Legal for medical use only)	felony (Legal for medical use only)	felony (Legal for medical use only)	felony	Possession of less than one half ounce by persons 21 and over results in graduating scale of fines, and seizure of contraband. Under 21 face addition sanctions, to include temporary loss of license to drive.[22]
Delaware	b	decriminalized (civil infraction)	medical use only	medical use only	medical use only	On Friday, February 10, 2012, Gov. Markell announced that he was suspending the medical marijuana program because his office received a letter from the Obama Justice Department alleging that its implementation would subject those licensed under the law, as well as public servants, to federal criminal prosecution. On Friday, June 19, 2015, Gov. Markell signed a bill that makes the possession of up to an ounce of cannabis a civil offense punishable by a fine of up to 100 $.[23][24] On 31 August 2016, Gov. Markell signed House Bill 400 into law, to expand medical cannabis programs for people with a terminal illness.[25][26]
Florida	d	medical use only	medical use only	medical use only	medical use only	On November 8, 2016, the state legalized medical marijuana when voters passed Amendment 2 by 71%.[27]
Georgia	d	medical use only	medical use only	medical use only	medical use only	Any conviction of a marijuana possession, sale, or cultivation offense results in suspension of driver's license. First-time offenders may be eligible for a conditional discharge under Section 16-13-2 of the Official Code of Georgia Annotated (O.C.G.A.), which operates as a dismissal if certain conditions are met, such as the payment of a fine and community service. A measure to allow medical cannabis oil passed the House in February 2015.[28] On April 16, 2015, the non-psychoactive form of Marijuana oli (CBD Oil, also known as "Charlotte's Web") was legalized for medical use in the state.[29]
Hawaii	d	medical use only	medical use only	Against program rules.	medical use only	On June 15, 2000, Governor Benjamin Cayetano signed a bill legalizing medical marijuana.[30][31] On July 14, 2015 the Governor of Hawaii David Ige signed a bill into law allowing medical cannabis dispensaries.[32] On July 14, 2016 David Ige also signed into law expanding medical cannabis programs.[33][34]
Idaho	e	misdemeanor (85 grams/3 oz. or less)	felony	not clearly stated	felony	Personal use possession of 3 ounces or less of marijuana is a misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $1,000 if for. If the quantity possessed is more than 3 ounces but less than 1 pound, it is a felony punishable by up to 5 years imprisonment and/or a fine up to $10,000.[35]
Illinois	b	decriminalized (civil infraction)	Misdemeanor (legal for medical use)	Misdemeanor (legal for medical use)	Misdemeanor (legal for medical use)	Illinois passed the Cannabis Control Act in 1978, which technically allows for medical marijuana. However, in order for it to become an actuality, action is required from two state departments—Human Services and the State Police—neither of which has taken action.[36][37] On August 1, 2013, Gov. Pat Quinn signed a bill legalizing medical marijuana; the legislation took effect on January 1, 2014.[38] On July 29, 2016, Governor Bruce Rauner signed Senate Bill 2228 which decriminalized the possession of 10 grams or less to a civil infraction leading to no jail time and punishable by a maximum $200 fine.[39][40]
Indiana	e	misdemeanor (Up to 6 months, $1000 Fine)	misdemeanor/felony	not clearly stated	illegal	1913: prohibited
Iowa	d	medical use only	felony	not clearly stated	felony	2014 CBD legalized
Kansas	e	misdemeanor	illegal	not clearly stated	illegal	1927: prohibited
Kentucky	e	misdemeanor (less than 8 oz (230 g))	misdemeanor (less than 8 oz (230 g); first offense	not clearly stated	misdemeanor (less than 5 plants)	2014 CBD legalized
Louisiana	d	medical use only	medical use only	medical use only	illegal	1924: prohibited 2015: medical cannabis legalized
Maine	a	legal	medical and recreational use	legal to carry up to 2.5oz. (71 grams)	legal to grow up to six plants for an individual, or commercially with a license	1913: prohibited 1976: decriminalized 1999: medical cannabis[41] 2009: further decriminalization[42][43] 2016: legalized recreational[44]
Maryland	b	decriminalized (10g or less)	medical use only	medical use only	medical use only	On April 14, 2014, Maryland Governor Martin O'Malley signed two pieces of cannabis reform legislation. SB 364 decriminalizes possession of 10 grams or less to a civil infraction punishable by a $100 fine for the first offense, a $250 fine for a second offense, and a $500 fine plus possible drug treatment for a third offense. HB 881 legalizes the possession, sale, and production of medical cannabis, and it authorizes the creation of a commission to license dispensaries, doctors, and patients to manage distribution. These two laws do not go into effect until October 1, 2014, prior to the effective date, possession of any amount of marijuana could still be charged and prosecuted.[45][46]
Massachusetts	a	legal	medical and recreational use	Legal to carry up to 1 oz. (28 grams)	Allowed to have 1 ounce of pot outside the home and up to 10 ounces inside the home, and to cultivate up to six plants.	2008: decriminalized cannabis when 63% of the populace voted yes on Question 2. The legislation defines possession of 1 ounce or less to be a civil infraction punishable by a $100 fine.[47][48] 2012: legalized medical marijuana when voters passed Question 3 by 60%.[49][50] 2016: legalized recreational marijuana when voters passed Question 4 by 54%.[51]
Michigan	d	medical use only	medical use only	medical use only	medical use only	2008: legalized medical cannabis
Minnesota	b	decriminalized	medical use only	medical use only	illegal	1976: decriminalization[52] 2014: medical cannabis legalized[53]
Mississippi	c	decriminalized (first offense; 30 grams or less)	illegal	not clearly stated	illegal	1978: decriminalized 2014: CBD legalized
Missouri	e	misdemeanor	felony	not clearly stated	illegal	2014: decriminalized 2014: CBD legalized
Montana	d	medical use only	medical use only	medical use only	medical use only	Personal use possession of 60 grams or less of marijuana is a misdemeanor punishable by up to 6 months imprisonment and a fine of $100 – $500. A second offense is punishable by up to 3 years imprisonment and/or a fine up to $1,000. Possession of more than 60 grams is a felony punishable by up to 5 years imprisonment and/or a fine up to $50,000. Possession of any amount of marijuana with intent to distribute is a felony punishable by up to 20 years imprisonment and/or a fine up to $50,000.[54]
Nebraska	c	decriminalized (first offense only)	illegal	not clearly stated	illegal	Possession of up to one ounce of cannabis is treated as a civil infraction for the first offense, and as a misdemeanor for the second and third offenses. A fine of up to $300 may be issued for the first offense, along with potential court-mandated drug education courses. A second offense is punishable by a fine of up to $500 and up to five days' jail time, and a third offense carries up to a $500 fine and a maximum of one week in jail.[55]
Nevada	a	legal	medical and recreational use	medical and recreational use		On November 7, 2000, Nevada legalized medical marijuana when 65% of the populace voted yes on Question 9.[56][57] On November 8, 2016, the state legalized recreational marijuana when voters passed Question 2 by 54%.[58]
New Hampshire	d	medical use only	medical use only	medical use only	medical use only	On July 23, 2013, New Hampshire legalized medical marijuana when Governor Maggie Hassan signed HB 573.[59][60] On July 11, 2015 Governor Maggie Hassan signs a law that expands the medical marijuana law.[61]
New Jersey	d	medical use only	medical use only	medical use only	illegal	On January 18, 2010, New Jersey legalized medical marijuana when Governor Jon Corzine signed the New Jersey Compassionate Use Medical Marijuana Act. Maximum sentencing of 1 year in prison as a misdemeanor and a 1,000 dollar fine for possession of up to 50 grams.[62][63] On September 19, 2016 New Jersey Governor Chris Christie signed a measure expanding the state’s medical marijuana law, further nullifying federal prohibition in practice. A coalition of representatives introduced Assembly Bill 457 (A457) in January. The new law adds post-traumatic stress disorder (PTSD) to the list of debilitating medical conditions that qualify a patient to receive medical marijuana under the New Jersey Compassionate Use Medical Marijuana Act. The Assembly passed A457 on June 16 by a 56-7 vote. After substituting the assembly bill for a Senate version, the Senate passed the measure 28-9 on Aug. 1. Gov. Christie’s signature, the provision went into immediate effect.[64]
New Mexico	d	medical use only	medical use only	medical use only	medical use only	In April 2007, New Mexico legalized medical marijuana when Governor Bill Richardson signed Senate Bill 523.[65][66]
New York	b	decriminalized (unless open to public view[67])	misdemeanor (25 g or less)	not clearly stated	misdemeanor	On July 14, 2014, New York legalized medical marijuana when Governor Andrew Cuomo signed the Compassionate Care Act into law. The legislation only allows patients to ingest cannabis using edibles, oils, pills, or vaporization, and does not allow smoking of the plant material.[68][69][70]
North Carolina	c	decriminalized (.5 oz or less)	illegal	illegal	illegal	1977: decriminalized 2015: CBD legalized
North Dakota	d	medical use only	medical use only	medical use only		On November 8, 2016, the state legalized medical marijuana when voters passed Measure 5 by 64%.[71]
Ohio	b	decriminalized (civil infraction)	medical use only	not clearly stated	illegal	On June 8, 2016, Governor John Kasich signed legislation legalizing marijuana for medical use.[72]
Oklahoma	e	medical use only	illegal	not clearly stated	illegal	1933: criminalized[73] 2015: governor Mary Fallin signed a bill legalizing cannabis oils for children with epilepsy.[74]
Oregon	a	legal	medical and recreational use	legal transport of up to 1 oz.; by January 1, 2016: legal transport of larger amounts by marijuana cultivators	legal cultivation by adults 21+ of up to 4 plants per household	Oregon voters approved Measure 91 on November 4, 2014, providing for regulated legal possession and sale of set amounts of cannabis.[75][76] Further cannabis reforms were signed into law on July 1, 2015 by Oregon Democratic Governor Kate Brown.[77][78] More medical cannabis reforms were signed into law on July 28, 2015 by Governor Brown. To become effective from October 1, 2015.[79][80] On top of all the cannabis law reforms in Oregon, Governor Brown also signed a bill that sets a cannabis sales tax at 25 percent.[81]
Pennsylvania	e	medical use only	illegal	illegal	illegal	For medical use only. Signed by Governor Wolf on April 17, 2016. Possession of 30g or less is a misdemeanor resulting in up to 30 days incarceration and a fine of up to $500. Possession of more than 30g is a misdemeanor netting up to a year in jail and a $5000 fine.[82]
Rhode Island	b	decriminalized (civil violation)	medical use only	medical use only	medical use only	Possession of an ounce or less is a civil violation with a $150 fine, three violations within 18 months is a misdemeanor with larger fines and/or prison.[83]
South Carolina	e	misdemeanor[84]	illegal	not clearly stated	illegal	2014: governor Nikki Haley signed into law Senate Bill 1035, "Julian's Law", following a unanimous Senate vote and a 92–5 House vote. The law allows children with severe epilepsy to be treated with CBD oil if recommended by a physician.[85]
South Dakota	e	misdemeanor	illegal	not clearly stated	illegal	Personal use possession of 2 oz or less is a Class 1 misdemeanor which is punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.[86]
Tennessee	e	medical use only; misdemeanor* (less than 1/2 ounce; first or second offense only); except for cannabis oil for the purposes of treating seizures or epilepsy authorized by the physician	felony	not clearly stated	misdemeanor: 9 plants or less; felony: 10+ plants	First-time possession offenders can complete one year of supervised probation instead of criminal penalty of one year incarceration; *Possession of 1/2 ounce or more is automatic felony charge: possession for resale. Cannabis oil possession, as of Monday, May 4, 2015, is allowed, due to newly signed legislation, if a person is suffering seizures or epilepsy and has the recommendation of their doctor.[87]
Texas	e	medical use only; decriminalized in Houston and Dallas	felony	not clearly stated	illegal	"Both the current leadership and candidates for prominent political offices are increasingly calling for marijuana policy reform in the Lone Star State--In Texas, a conviction for possession of up to two ounces of marijuana can result in a jail sentence of up to six months and a fine of up to $2,000.".[88] On June 1, 2015 governor Greg Abbott signed a bill legalizing cannabis oil.[89]
Utah	e	misdemeanor	felony	not clearly stated	illegal	House bill 105 was introduced by Representative Gage Froerer (R) and has been passed and signed by the governor. This bill would excuse anyone who was in possession of hemp extract. Hemp extract means an extract from a cannabis plant, or a mixture or preparation containing cannabis plant material, that is composed of less than .3% of THC by weight.[90] Possession of less than an ounce can result in a 6-month incarceration and a maximum fine of $1,000. Any amount over 10 ounces can result in a $10,000 fine. Selling of any amount is a felony and will result with 5 years in prison and a $5,000 fine.[91]
Vermont	b	decriminalized (civil infraction)	medical use only	medical use only	medical use only	On May 19, 2004, Vermont legalized medical marijuana when Governor James Douglas announced he would allow Senate Bill 76 to pass without his signature.[92] The law was further expanded in June 2007 when Senate Bill 7 passed without Governor Douglas' signature once again.[93] On June 6, 2013, Governor Peter Shumlin signed legislation (HB200) which decriminalized the possession of 1 ounce or less to a civil infraction.[94] In early 2016, a bill is currently being proposed to end prohibition of cannabis and legalize recreational cannabis in the state.
Virginia	e	misdemeanor	illegal	not clearly stated	illegal	A first offense is an "Unclassified Misdemeanor", meaning the maximum penalty is 30 days in jail and a $500 fine (or both), and loss of driving privileges. A subsequent offense is a Class 1 misdemeanor, with a maximum penalty of 12 months in confinement and a $2,500 fine (or both), plus loss of driving privileges. A first-offense will qualify for a deferred disposition resulting in dismissal. This option requires a drug assessment, classes, community service, and loss of driving privileges for six months. The first-offender program is controversial according to some Virginia criminal defense attorneys and advocates for young men and women in the Commonwealth, primarily because it does not allow the defendant to qualify for expungement, and as a result, remains on the individual's record for life.[95]
Washington	a	legal	medical and recreational use	legal	legal with restrictions and licensing	Marijuana was legalized by Washington Initiative 502 in 2012. The law requires state licenses from all sellers, distributors and producers of Marijuana, and permits anyone over 21 to carry one ounce. The state allows licensed growers to cultivate marijuana, but does not permit personal growing in one's home except for medical use.[96]
West Virginia	e	misdemeanor	felony	not clearly stated	illegal	"Creates the "Compassionate Use Act for Medical Cannabis; providing for protections for the medical use of cannabis..."" [97]
Wisconsin	e	medical use only; misdemeanor on first offense, felony on subsequent offenses[98]	felony	"An Assembly bill allows qualifying patients to possess 12 marijuana plants and three ounces of marijuana leaves or flowers." [97]	felony	A first offense for possession of marijuana is a misdemeanor punishable by a fine of up to $1,000 and/or imprisonment of up to 6 months. A second offense is a Class I felony and is punishable by a fine of up to $10,000 and/or imprisonment for up to 3.5 years.
Wyoming	e	misdemeanor	illegal	not clearly stated	illegal	"Being under the influence of marijuana is a misdemeanor punishable by a maximum of 90 days imprisonment and a maximum fine of $100. Possession of three ounces or less is a misdemeanor that is punishable by a maximum of 1 year imprisonment and a maximum fine of $1000."[99]

By Federal district

District		Possession	Sale	Transportation	Cultivation	Notes
District of Columbia	b	legal[100]	medical use only; no provision for commercial sale	legal to carry up to 2 oz. (57 grams)	legal to grow up to six plants (only three mature at a time) for recreational purposes; no provision for commercial recreational cultivation	1998: 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 26 February 2015 following 30 days of Congressional review.[101]

By inhabited territory

State		Possession	Sale	Transportation	Cultivation	Notes
American Samoa	e	illegal	illegal	illegal	illegal	In 1999, the Territory established a 5-year mandatory minimum sentence for possession of any amount of any illegal drug, to explicitly include marijuana, even when medically prescribed in another jurisdiction.[102]
Guam	d	medical use only	medical use only	medical use only	medical use only	Residents passed a ballot measure on 4 November 2014 that allows cannabis for medical use only.[103]
Northern Mariana Islands	e	illegal	illegal	illegal	illegal	In 2010, the CNMI House of Representatives approved a legalization bill to regulate and tax marijuana,[104] but the measure ultimately failed.
Puerto Rico	e	medical use only	medical use only	medical use only	medical use only	On May 4, 2015, the governor of Puerto Rico signed an executive order legalizing medicinal marijuana in the U.S territory.[105]
U.S. Virgin Islands	c	decriminalized	illegal	illegal	illegal

By Indian reservation

Reservation		Possession	Sale	Transportation	Cultivation	Notes
Flandreau Santee Sioux Tribe (South Dakota)	b	legal[106]	Legal sales since 1 January 2016		One single licensed grow site for the nation	In summer 2015, the tribal authorities voted 5–1 to legalize recreational cannabis, making them the first reservation to do so following the 2013 Cole Memorandum.[106]
Suquamish Tribe (Washington state)	b	legal	Legal sales since December 2015[107][108]			In September 2015, the tribe signed the nation's first tribe-state cannabis pact, under which the tribe would operate a cannabis retail store with regulations paralleling those of Washington state.[109]
Squaxin Island Tribe (Washington state)	b	legal	Legal sales since November 2015[110]

See also

• Legal history of cannabis in the United States
• Timeline of cannabis legalization in the United States
• Hemp
• Illegal drug trade
• Legal and medical status of cannabis
• Legality of cannabis
• Legality of cannabis by country
• Legal status of psilocybin mushrooms

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