By FindLaw Staff | Legally reviewed by John Mascolo, Esq. | Last reviewed September 25, 2024
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State and federal laws make it a crime to possess, cultivate, manufacture, and/or sell illegal controlled substances. In some jurisdictions, this includes marijuana.
But, for several years state lawmakers have revised state marijuana laws to permit adult use of medical cannabis or adult recreational use of small amounts of marijuana. The federal government has generally not interfered with these state law changes.
State laws on marijuana use can vary greatly, for example:
In some states, the state legislature has initiated reforms related to marijuana use. In other states, voters passed ballot initiatives that decriminalized or legalized marijuana possession and cultivation.
Early state legalization laws focused on approving medical use for cannabis products such as CBD oil (cannabidiol). These products most often do not contain the psychoactive compound THC found in marijuana or contain only a very small amount of THC. Later cannabis laws expanded the type and amount of marijuana available for medical use.
Recreational marijuana laws came about more recently. Washington state was the first state to legalize recreational use of marijuana in 2012. However, no state law legalizes marijuana use by minors (under 18 years of age).
Choose a link from the list below for state-specific laws on marijuana, including punishment for possession, sale, and trafficking. You can also visit our page on marijuana possession laws by state for a chart with information on all 50 states and Washington, D.C.
State |
Legal Status |
Year of recreational marijuana legalization (if applicable) |
Year of medical marijuana legalization (if applicable) |
Legal for medical use only
|
n/a
|
2021 (Note: Due to pending litigation concerning licensing, no medical marijuana dispensaries are open as of September 2024. Consult the Alabama Medical Cannabis Commission for updates.)
|
|
Legal for recreational and medical use
|
2014
|
1998
|
|
Legal for recreational and medical use
|
2020
|
2010
|
|
Legal for medical use only
|
n/a
|
2016
|
|
Legal for recreational and medical use |
2016 |
1996 |
|
Legal for recreational and medical use |
2012 |
2000 |
|
Legal for recreational and medical use |
2021 |
2012 |
|
Legal for recreational and medical use |
2023 (law took effect without signature or veto of the Governor) |
2011 |
|
Legal for recreational and medical use |
2015 |
2011 |
|
Legal for medical use only (Note: The Florida Supreme Court approved the placement of a ballot measure to legalize recreational marijuana use for the November 2024 election. The initiative would permit adults 21 and older to possess up to 3 ounces of cannabis or 5 grams of concentrates. The initiative requires approval from 60% of voters to pass and become law. |
n/a |
|
|
Legal for medical use — eligible patients may possess up to 20 ounces of low THC, high CDB oils |
n/a |
|
|
Legal for medical use only |
n/a |
2000 |
|
Illegal
|
n/a |
n/a |
|
Legal for recreational and medical use
|
2020
|
2014
|
|
Illegal |
n/a
|
n/a |
|
Legal for medical use of CBD oils (low THC only)
|
n/a
|
|
|
Legal for medical use of CBD oils with low THC only
|
n/a
|
|
|
Legal for medical use of CBD oils with low THC only; A broader medical use law will take effect January 1st, 2025. |
n/a |
|
|
Legal for medical use only
|
n/a
|
|
|
Legal for recreational and medical use
|
|
1999; expanded in 2009 |
|
Legal for recreational and medical use
|
2023
|
2014 and 2017 (fully operational)
|
|
Legal for recreational and medical use
|
2016
|
2013
|
|
Legal for recreational and medical use
|
2018
|
2008
|
|
Legal for recreational and medical use
|
2023 |
2014
|
|
Legal for medical use only
|
n/a
|
2022
|
|
Legal for recreational and medical use
|
2022
|
2018
|
|
Legal for recreational and medical use
|
2020
|
2004 (original ballot initiative) and 2016 (updated ballot initiative)
|
|
Illegal
|
n/a
|
n/a
|
|
Legal for recreational and medical use
|
2016
|
2000
|
|
Legal for medical use only
|
n/a
|
2013
|
|
Legal for recreational and medical use
|
2021
|
2010
|
|
Legal for recreational and medical use
|
2021
|
2007
|
|
Legal for recreational and medical use
|
2021
|
2014
|
|
Legal for limited medical use of CBD oils with no THC only
|
n/a
|
2015 |
|
Legal for medical use only
|
n/a
|
2016
|
|
Legal for recreational and medical use — however, some cities and towns have temporarily banned adult-use cannabis businesses)
|
2023 |
2016
|
|
Legal for medical use only
|
n/a
|
2018
|
|
Legal for recreational and medical use |
2015
|
1998
|
|
Legal for medical use only
|
n/a
|
2016
|
|
Legal for recreational and medical use |
2022
|
2006 |
|
Legal for limited medical use of CBD oils with no THC only
|
n/a
|
2014 |
|
Legal for medical use only
|
n/a
|
2020
|
|
Legal for limited medical use of CBD oils with no THC only |
n/a
|
2015 |
|
Legal for limited medical use of CBD oils with low THC only |
n/a
|
2015 |
|
Legal for medical use only
|
n/a
|
2018
|
|
Legal for recreational and medical use
|
2018
|
2004
|
|
Legal for recreational and medical use — but retail sales were rejected by governor veto in 2024
|
2021 (possession and cultivation only)
|
2020
|
|
Legal for recreational and medical use
|
2012
|
1998
|
|
Legal for medical use only
|
n/a
|
2017
|
|
Legal for limited medical use of CBD oils with low THC only |
n/a
|
2017 |
|
| Legal for limited medical use of CBD oils with low THC only | n/a | 2015 |
At the federal level, the Biden Administration has recommended re-classification of marijuana to reflect its medical use and acknowledge its lower risk for addiction and dependency than other dangerous drugs.
The federal Controlled Substances Act (CSA) has classified marijuana as a Schedule I controlled substance since 1971. Schedule I drugs represent the most dangerous. They generally have no acceptable medical use and are highly addictive.
Changes in the scheduling of a drug can occur in one of two ways under federal law. The executive agencies that oversee the CSA can conduct an administrative review. Congress can also change the law, removing a drug from the schedules or revising its placement.
Recently, the U.S. Attorney General and the Department of Justice (DOJ) have taken steps to re-classify marijuana as a Schedule III substance. This will allow more scientists to study the effects of the drug going forward.
At this time, efforts by Congress to either enact legislation to re-classify marijuana or to remove it from the federal drug schedules have not met with success. This means that marijuana remains illegal at the federal level.
Whether you're looking to open a cannabis-related business, are facing criminal charges related to marijuana, or wish to better understand marijuana regulations in your state, an attorney in your area can help.
No matter what your situation, an attorney can help you understand your options and protect your rights and interests.
Get tailored legal advice and ask a lawyer questions. Many attorneys offer free consultations for Drug Crime.