Where Can You Legally Use Marijuana? An Overview of Legal Weed

Where is herbe legal? In 2012, people in Colorado and Washington voted to allow using and selling cannabis for fun, making them the first states to do so in the U.S.

Over the next 11 years, 23 other states, Washington, D.C., and Guam also made weed legal, even though it was still against federal law.

Certain types of the cannabis plant, often called marijuana or weed, have a chemical called THC that makes you feel high when you eat or smoke it.

Nowadays, many Democrats support making weed legal, and some Republicans do too. Lawmakers in states are trying to figure out if they should legalize it and how, and there have been a few bills about weed in Congress. The House agreed to a bill to make having weed not a crime on April 1, 2022, but a bigger bill to make weed legal all over the country hasn’t gone anywhere yet.

In October 2022, President Joe Biden said he’d forgive everyone who got in trouble for just having a bit of weed, and he asked governors to do the same for people in their states. That could help about 6,500 folks, but the White House says nobody’s in jail just for having weed right now.

Some people say weed is bad for everyone’s health and safety, and they don’t think it should be legal. Others think it’s not as bad as alcohol and can even help with things like stress and pain.

What states legalized weed? Supporters think making marijuana legal can help states make more money and fix unfairness in the justice system. Laws against marijuana have hurt minority groups the most, leading to lots of people being put in jail. States where marijuana is now legal are trying to fix this by getting rid of past convictions for small amounts of marijuana.

A study from December 2022 by the American Medical Association showed that even in states where marijuana is still technically illegal but not punished as severely, making it fully legal decreases the number of people getting arrested for it.

Weed legal states where people can use recreational marijuana legally include:

• Colorado
• Washington
• Alaska
• Oregon
• Washington, D.C.
• California
• Maine
• Massachusetts
• Nevada
• Michigan
• Vermont
• Guam
• Illinois
• Arizona
• Montana
• New Jersey
• New York
• Virginia
• New Mexico
• Connecticut
• Rhode Island
• Maryland
• Missouri
• Delaware
• Minnesota
• Ohio

In October 2022, stores started selling marijuana in Vermont, and New York followed in December of that year. However, in Washington D.C., there are no official rules for selling marijuana even though it’s allowed. Guam is slowly setting up shops to sell marijuana.

In November 2023, Ohio decided to make recreational marijuana legal, becoming the newest state to do so. But in Oklahoma, a vote to make recreational use legal didn’t pass on March 7, 2023.

Each state has its own way of giving licenses to stores that sell marijuana. These stores need a license from the state to sell marijuana legally.

States with legal marijuana charge different taxes on marijuana sales. Some add an extra tax, called an excise tax, to the price of marijuana products.

Rules about how much marijuana an adult can have, whether they can grow their own plants, and how taxes are used vary from state to state.

Colorado

Colorado passed a legalization measure in November 2012, allowing adults aged 21 and above to possess and share up to one ounce of marijuana and cultivate up to six plants each, with a household limit of 12 plants regardless of the number of occupants. Public consumption of marijuana is prohibited. Licensed dispensary purchases are subject to regular sales tax along with a 10% marijuana sales tax, in addition to a 15

Washington

Washington also approved a legalization measure in November 2012, permitting adults over 21 to buy and hold up to one ounce of marijuana, 16 ounces of solid marijuana-infused edibles, 72 ounces of liquid marijuana-infused products, and 7 grams of marijuana concentrates. Public consumption is illegal, and individuals are not allowed to cultivate plants at home for recreational use. Licensed dispensaries are authorized for retail sales, with a 37% excise tax applied to these transactions.

Alaska

Similarly, Alaska’s legalization measure was passed in November 2014, granting adults aged 21 and above the right to possess and share up to one ounce of marijuana and grow up to six plants, with a restriction of three mature plants. Public consumption is prohibited. Licensed dispensaries are allowed for retail sales, and an excise tax is imposed on cultivators for the marijuana sold.

Oregon

In Oregon, adults over 21 can have one ounce of marijuana in public and up to 8 ounces at home. They can also have marijuana products, like edibles, up to 16 ounces or liquid forms up to 72 ounces. They’re allowed to grow four cannabis plants but can’t use marijuana in public.

In Oregon, marijuana sales are legal at licensed stores and taxed at 17%. Cities and counties can add up to 3% more tax sometimes.

Washington, D.C.

In Washington, D.C., adults over 21 can have up to 2 ounces of marijuana and give 1 ounce to someone else. They can grow six plants, three of which can be mature. But selling cannabis for fun isn’t allowed, so people rely on gifting.

California

In California, adults over 21 can have an ounce of cannabis or 8 grams of concentrated cannabis. They can grow six live plants but can’t smoke or eat marijuana in public or while driving.

In California, cannabis sales at stores are taxed with the regular state sales tax plus a 15% excise tax. Local governments can add more taxes too.

Massachusetts

In Massachusetts, a similar measure was approved in November 2016. Those over 21 are allowed to carry up to an ounce of marijuana and keep up to 10 ounces at home. Home cultivation of up to six plants per person or 12 plants per household is permitted.

Nevada 

Nevada also approved a legalization measure in November 2016. Residents over 21 can possess up to an ounce of marijuana or an eighth of an ounce of concentrated marijuana. They are allowed to grow up to six plants each, or 12 per household.

Michigan

Michigan legalized marijuana for adults over 21 in November 2018. Individuals can grow up to 12 plants at home and possess up to 2.5 ounces of marijuana or 15 grams of concentrated marijuana.

Vermont

Vermont approved legalization in January 2018. While initially limited to growing and possessing marijuana, retail sales began in October 2022. Adults over 21 can possess up to an ounce of marijuana and cultivate two mature and four immature plants per household.

Guam

Guam made it legal in April 2019 for adults over 21 to have up to an ounce of marijuana and grow up to six plants, with a limit of three mature plants. The progress in setting up trading guidelines was slowed by the coronavirus pandemic in early 2020, but Guam has since made strides in establishing its recreational marijuana market.

Illinois

In Illinois, one of recreational weed states, a legalization measure approved in May 2019 allows residents over 21 to possess specified amounts of marijuana and cannabis products, with different limits for non-residents. Purchases are taxed based on THC content, with higher THC products taxed at a higher rate. Initially, marijuana could be bought from licensed dispensaries, with recreational retail licenses gradually being introduced. Public consumption remains illegal.

New Jersey

New Jersey joined four other states in approving marijuana legalization measures in November 2020, with nearly 67% of voters supporting the move. Only adults over 21 can use cannabis, and its sale is subject to state and local taxes. Legislation signed in February 2021 formalized the recreational marketplace while reducing penalties for underage possession.

Montana

Montana’s 2020 ballot included two measures regulating recreational marijuana. One legalized possession and use for adults over 21, while the other allowed the legislature to set an age limit. Both measures passed with significant voter support.

South Dakota

South Dakota’s Constitutional Amendment A, passed in 2020, allowed adults over 21 to possess and distribute cannabis. However, the state Supreme Court overturned the amendment in November 2021, following a lawsuit backed by the governor. Despite a separate attempt in 2022, recreational marijuana legalization failed to gain enough votes.

Arizona

Arizona’s Proposition 207, passed in November 2020, permits limited marijuana use, possession, and cultivation for adults over 21. It prohibits public smoking, introduces state and local regulation for marijuana licenses, and allows for expungement of marijuana-related offenses. Approximately 60% of voters supported the proposition on Election Day.

New York

In New York, Governor Andrew Cuomo signed the Marihuana Regulation and Taxation Act on March 31, 2021. This law allows individuals aged 21 and above to possess up to 3 ounces of cannabis for recreational purposes. It establishes regulatory agencies to oversee its sale and distribution and enables the expungement of records for those convicted of marijuana-related offenses. Despite previous unsuccessful attempts dating back to 2013 due to disagreements with Cuomo, Democrats in the State Assembly succeeded in passing the measure. Legal sales of regulated adult-use cannabis commenced in late December 2022.

Virginia

Virginia’s General Assembly approved SB1406 on April 7, 2021, with amendments from Governor Ralph Northam. The amended legislation permits Virginians aged 21 and older to possess up to 1 ounce of recreational marijuana as of July 1, 2021, and allows residents to grow up to four cannabis plants. However, it lacks a framework for licensing retail sales of adult-use marijuana, leaving the future of the recreational market uncertain as of January 2023.

New Mexico

New Mexico’s HB2, signed by Governor Michelle Lujan Grisham on April 12, 2021, allows adults over 21 to grow cannabis plants at home and possess up to two ounces outside their residences as of June 29. State-licensed dispensaries began selling recreational marijuana on April 1, 2022, while home growers can cultivate up to six plants per person or 12 per household.

Connecticut

Connecticut legalized recreational cannabis on June 22, 2021, with Governor Ned Lamont signing SB1201 into law. Effective July 1, individuals aged 21 and above could possess up to 1.5 ounces of recreational cannabis and an additional five ounces at home or in a vehicle. The law also expunged prior low-level marijuana offenses. Retail sales commenced in January 2023.

Rhode Island

Rhode Island made cannabis legal in May 2022. Adults over 21 can have an ounce of cannabis and grow three plants at home. Sales started in December 2022.

Maryland 

In November 2022, Maryland approved cannabis use. Adults can have 1.5 ounces and past convictions might be forgiven. Laws for taxing and controlling cannabis were made in February.

Missouri

Missouri also voted for cannabis in November 2022. People can have up to 3 ounces. Retail started in February 2023. People with certain past offenses can ask for forgiveness.

Delaware

Delaware passed a cannabis law in April 2023 without the governor’s signature. Adults can have an ounce but can’t grow their own. Laws for selling licenses were made in April.

Minnesota

Minnesota made cannabis legal in May 2023. Adults can have it, and past convictions might be forgiven. The retail industry will start in 2025.

Ohio

Ohio voted for cannabis in November 2023. Adults can grow plants and have up to 2.5 ounces. Retail starts later, with a 10% tax.

Is Cannabis Legalized on a Federal Level?

Marijuana is categorized by the federal government as a Schedule I substance under the Controlled Substances Act, indicating it’s deemed to have no medical benefits and a high likelihood of abuse. Activities such as growing, selling, and possessing marijuana go against federal laws. However, President Biden’s announcement on October 7, 2022, urged the health and human services secretary and the attorney general to swiftly review the scheduling of marijuana under federal law.

States that have legalized marijuana, whether for medical or recreational purposes, have clashed directly with federal regulations, leading to a conflict between state autonomy in lawmaking and federal authority.

Despite this conflict, the federal government has generally refrained from actively enforcing marijuana prohibition in states where it’s legal. In 2009, the Obama administration advised federal prosecutors to consider not pursuing cases against individuals complying with state laws on medical marijuana distribution.

Explaining of the Cole Memorandum

In 2013, the Justice Department made a big memo about federal marijuana rules. They said they wouldn’t argue with states that legalized marijuana and expected states to enforce their own laws strongly.

In 2018, Attorney General Jeff Sessions canceled the Cole Memo. He told prosecutors to decide whether to go after marijuana cases based on usual legal rules and their own judgment.

Usually, the Justice Department hasn’t gone after people who follow state laws on marijuana. They also haven’t tried to fight state legalization laws in court. Even after the Cole Memo was canceled, most of their marijuana cases focused on serious crimes like weapons or organized crime.

Decriminalization of Marijuana

What’s decriminalization? Well, it means making a crime less serious, like reducing the punishment for it or changing it from a criminal offense to something less severe.

In many places, like 31 states and Washington D.C. as of November 2023, they’ve made having a small amount of marijuana less of a big deal. They usually won’t send you to jail for it, especially if it’s your first time, but you might still get a fine or a mark on your record. But watch out, because in those places, doing it again, selling it, or having a lot of it can still get you in trouble.

Some states that made this change also allow medical marijuana. And two states have made having marijuana less serious but haven’t made it fully legal yet, according to the Marijuana Policy Project.

Decriminalization is kind of like a compromise between fully saying something’s okay and keeping really strict rules about it. It’s supposed to be fairer, especially since tough drug laws have hurt some communities more than others.

The Public Sentiment

An increasing majority of Americans are in favor of legalizing recreational weed. According to surveys by CBS News/YouGov and Pew Research Center, around two-thirds of Americans support federal legalization and legalization within their own states. This marks a significant shift from historical attitudes, with Gallup polls showing only 12% support in 1969, rising to 31% in 2000, and reaching a high of 68% recently. While Democrats generally show more support for legalization, a growing number of Republicans also favor it. Additionally, there’s widespread support across age groups, with both younger and older demographics showing significant backing for legalization.