State Marijuana Laws

Table of Contents: 

• General information on state marijuana laws
• Federal marijuana laws
• State marijuana law table
• Links to state-specific pages on marijuana law

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:

• 24 states and the District of Columbia have legalized recreational marijuana.
• 13 states only allow medical marijuana use.
• In three states (Idaho, Indiana, and Nebraska), marijuana is illegal.
• Some states permit residents to have cannabis plants in their homes. Others do not.

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).

Federal Marijuana Law

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. 

Need More Information?

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. 

• In states that have legalized marijuana, consult with a business attorney experienced in cannabis business regulation. 
• If you or someone you know is facing criminal charges, talk to a local criminal defense attorney as soon as possible. 

No matter what your situation, an attorney can help you understand your options and protect your rights and interests. 

Table: Marijuana Laws By State