State-By-State Cannabis Laws

Cannabis is legal for either medical or adult use in 38 states and the District of Columbia. In this chapter, we give a brief overview of each state’s cannabis legality, as well as list whether each state is legal for medical, adult-use (also called “recreational”) consumption, or both.

The following is a comprehensive and updated list of the legality of cannabis and cannabis products in the USA, updated December 2023.

Alabama: Medical

In Alabama, cannabis is legal for medical purposes. Adult-use legalization is an ongoing debate in the state. First-time possession is a misdemeanor, but secondary offenses are felonies.

Alaska: Medical and Adult-Use

Alaska is one of the most progressive states in the country with its cannabis laws. Both adult use and medical are legal in Alaska. Residents 21 and older can legally grow up to six plants at home and purchase up to one ounce of flower or seven grams of concentrate.

Arizona: Medical and Adult-Use

Arizona legalized medical and adult-use cannabis in 2020. Adults are allowed to possess up to 1 ounce of cannabis and to possess up to six mature plants at home.

Arkansas: Medical

Arkansas voters approved medical cannabis in 2016. Recreational cannabis is not legal in the state, and even a first-offense possession of any amount of cannabis or paraphernalia can result in incarceration. Cultivation is not legal.

California: Medical and Adult-Use

California was the first state to legalize medical cannabis back in 1996. Adult-use cannabis consumption in the state has been legal since 2016. Possession of an ounce or less and the secure cultivation of up to six plants is lawful for all adults 21 and over.

Colorado: Medical and Adult-Use

Colorado is another state with a progressive approach toward cannabis, legalizing the plant for medical purposes in 2001. Adults 21 and older could possess up to one ounce of cannabis, and grow up to six plants (three mature).

Connecticut: Medical and Adult-Use

Voters in Connecticut legalized medical cannabis in 2012. Adult-use cannabis was legalized in July of 2021. Adults 21 and over in the Constitution state have been able to legally possess up to 1.5 ounces of cannabis on their person and up to 5 ounces in a locked container at home or a locked glovebox.

Delaware: Medical and Adult-Use

Medical cannabis has been legal in Delaware since 2011. In April 2023, Delaware became the 22nd state to legalize cannabis. Adults may possess up to one ounce of cannabis for adults 21 and older.

District Of Columbia: Medical and Adult-Use

Medical cannabis has been legal in the District of Columbia since 2010. Adult use was legalized there in 2015. However, a misdemeanor can be issued to a person who consumes outside of private residences.

Florida: Medical

Florida legalized medical cannabis in 2016. Possession of 20 grams or less of cannabis is a misdemeanor punishable by a maximum sentence of one-year imprisonment and a maximum fine of $1,000. Possession of more than 20 grams of cannabis is a felony punishable by a maximum sentence of five years imprisonment and a maximum fine of $5,000.

Georgia: Completely Illegal

It is illegal to possess, cultivate or consume cannabis for either medical or recreational purposes in Georgia. Possession of one ounce or less of cannabis is a misdemeanor punishable by up to one year imprisonment and/or a fine up to $1,000, or public works for up to 12 months. Possession of over an ounce is a felony punishable by a minimum of one year and a maximum of 10 years imprisonment.

Hawaii: Medical and Decriminalized

Along with California, Hawaii was one of the first states to legalize cannabis for medical purposes. Hawaii residents with qualifying conditions may legally possess up to four ounces of the plant medicine. Possessing less than three ounces for non-medical purposes is punishable by a fine similar to a traffic ticket. Possession of three ounces to a pound is a misdemeanor, and possession of more than a pound is a felony.

Idaho: Completely Illegal

It is illegal to possess, cultivate or consume cannabis for either medical or recreational purposes in Idaho. Under current Idaho law, an individual charged with possession of up to an ounce of cannabis faces a year in jail and/or up to a $1,000 fine.

Illinois: Medical and Adult-Use

Both medical and adult-use cannabis is legal in Illinois under the law passed in 2019. Illinois residents can purchase and possess up to 30 grams of raw cannabis, cannabis-infused products containing no more than 500 mg of THC, and five grams of cannabis product in concentrated form. Visitors to the state can purchase half those amounts.

Indiana: Completely Illegal

It is illegal to possess, cultivate or consume cannabis for either medical or recreational purposes in Indiana. Possession of cannabis is a misdemeanor punishable by not more than 180 days and a possible fine of not more than $1,000. Possession of less than 30 grams and a prior drug offense is a misdemeanor punishable by up to one-year imprisonment and a fine of not more than $5,000.

On March 21, 2018, Indiana legalized low-THC CBD derived from industrial hemp. The law allows any person to buy, sell, and possess CBD oil, as long as it meets certain labeling requirements and contains no more than 0.3 percent THC.

Iowa: Completely Illegal

The possession, consumption, sale, and growing of cannabis in Iowa is illegal. First-offense possession of even a single joint is punishable by up to six months in jail and a $1,000 fine, one of the most severe first-offense penalties in the country.

Kansas: Completely Illegal

Possessing, selling, cultivating, or consuming cannabis in Kansas is illegal. If a person is convicted of possession of marijuana in Kansas for the first time, it is a misdemeanor. Again, a Class A misdemeanor carries a potential of up to 6 months in jail and a $1,000 fine.

Kentucky: Medical (2025)

On March 31, 2023, Kentucky signed medical cannabis legislation into law. Kentucky is now the 38th state with a comprehensive medical cannabis law. However, the law will take effect on January 1, 2025. In the meantime, if the cannabis possessed is less than eight ounces in quantity, the offense is a misdemeanor.

Louisiana: Medical and Decriminalized

Cannabis in Louisiana is legal only for medicinal use; recreational possession of 14 grams or less is decriminalized, punishable by a fine of no more than $100.

Maine: Medical and Adult-Use

One of the first states to enact a medical cannabis program, Maine legalized the plant medicine in 1999. Adult-use has been legal in Maine since 2016. Adults 21 years of age or older can possess up to 2.5 ounces of a combination of cannabis, cannabis concentrate and cannabis products, including no more than 5 grams of cannabis concentrate.

Maryland: Medical and Decriminalized

Medical cannabis has been legal in Maryland since 2014. Patients with qualifying conditions may possess up to “a 30-day supply” of cannabis for medical purposes. Legal adult residents of Maryland may grow up to two plants in their homes. Adults 21 years and older may possess up to 1.5 ounces of cannabis flower, up to 12 grams of concentrated cannabis; or a total amount of cannabis products that does not exceed 750 mg of THC.

Massachusetts: Medical and Adult-Use

Medical and adult-use cannabis has been legal in Massachusetts since 2013 and 2018, respectively. An adult may possess up to one ounce of cannabis; up to 5 grams of cannabis may be cannabis concentrate. Within a primary residence, an adult may possess up to 10 ounces of cannabis and any cannabis produced by cannabis plants cultivated on the premises.

Michigan: Medical and Adult-Use

On November 6, 2018, 55.9% of Michigan voters approved Prop 1, making Michigan the first state in the Midwest to legalize cannabis for adults 21 and older. Anyone age 21 or older may possess and consume cannabis. Where cannabis sales are legal, an individual can purchase up to 2.5 ounces, however, an individual cannot have more than 15 grams of cannabis concentrate at one time. At home, an individual may keep up to 10 ounces of cannabis flower in a secured location.

Minnesota: Medical and Adult-Use

On May 30, 2023, Minnesota became the 23rd legalization state when Gov. Tim Walz (D) signed HF 100 into law. Legal possession and cultivation took effect on August 1. Adults may possess or transport up to 2 ounces of cannabis flower in a public place. They can also possess up to 2 pounds of cannabis flower in a person's private residence, and possess or transport up to 8 grams of adult-use concentrate.

Mississippi: Medical and Decriminalized

As of May 2023, more than 10,000 patients have registered. Meanwhile, the program has over 175 dispensaries and over 90 cultivators licensed. A first conviction attracts a $250 fine. The penalties for a second-time offender include a $250 fine and a mandatory jail sentence of between 5 to 60 days. Subsequent offenses are subject to a maximum fine of $1,000 and jail time between five days and six months.

Missouri: Medical and Adult-Use

With passage of Amendment 3, a constitutional ballot measure to legalize and regulate cannabis for adults, Missouri voters ended the failed policy of cannabis prohibition in November 2022 by more than a six-point margin. In addition to establishing an adult-use market for cannabis with a six percent retail tax on cannabis sales, the new law is set to automatically expunge criminal records for thousands of Missourians convicted of nonviolent cannabis offenses. Adults in Missouri may now possess no more than three ounces of cannabis for recreational consumption.

Montana: Medical and Adult-Use

Adult-use cannabis businesses first opened their doors in Montana in January 2022. A household with more than one adult may grow a maximum of four plants and/or four seedlings. Possession of more than 1 ounce of cannabis but less than 2 ounces of cannabis is a civil infraction punishable at the person's choice either by a fine of up to $200 or the completion of 4 hours of community service.

Nebraska: Decriminalized

Families and patients fighting for medical cannabis in Nebraska have faced a series of setbacks in recent years. After qualifying a constitutional medical cannabis initiative for the ballot in 2020, a deeply flawed court ruling just three months before the election prevented voters from deciding the issue. The possession of 1 ounce or less of cannabis is considered an infraction, leading to a maximum fine of $300 and a compulsory drug education course upon conviction. Subsequent violations of the same offense are classified as Class IV misdemeanors, with a maximum penalty of $500.

Nevada: Medical and Adult-Use

Nevada voters approved the legalization of medical cannabis in 2000, but the program did not include safe, regulated access via dispensaries until 2014. In November 2016, voters legalized cannabis for adult use, allowing adults to purchase, possess, consume, and — in some cases — cultivate cannabis. If you are an adult 21 years of age or older, you may possess up to 1 ounce of pot for personal use. Or you may possess up to 1/8 of an ounce (7 grams) of cannabis concentrate.

New Hampshire: Medical and Decriminalized

New Hampshire is the only state in New England that hasn’t legalized and regulated cannabis for adults. Any person 18 years of age or older who possesses less than ¾ of an ounce of marijuana is guilty of a violation and subject to a fine of $100. This penalty applies to first and second offenses.

New Jersey: Medical and Adult-Use

New Jersey became the 14th state to legalize cannabis for adults over 21 on February 22, 2021. Possession of 6 ounces or less of cannabis or 17 grams or less of hashish for personal use is not a crime under New Jersey's new cannabis laws. However, you should be aware that possessing more than 6 ounces of cannabis or more than 17 grams of hashish for personal use is a crime of the fourth degree.

New Mexico: Medical and Adult-Use

Adult-use cannabis sales officially began in New Mexico on Friday, April 1, 2022, New Mexicans 21 and older can make retail purchases of cannabis at dispensaries across the state. It is legal for persons 21 and above to possess up to two ounces of cannabis. It is considered a misdemeanor punishable by 1 year in jail and a fine of up to $1,000 to possess between 2 and 8 ounces of cannabis.

New York: Medical and Adult-Use

New York was the third state to legalize cannabis through its state legislature, following Illinois and Vermont. Adults 21 and older can possess up to three ounces of cannabis and up to 24 grams of concentrated cannabis for personal use in New York. Adults may smoke or vape cannabis wherever smoking tobacco is allowed under the smoke-free air laws, with a few exceptions.

North Carolina: Decriminalized

North Carolina is one of only 13 states that have not enacted a medical cannabis program in the country. Under N.C. law, individuals can be charged with misdemeanor possession of cannabis (less than 1.5 oz), felony possession of cannabis (1.5 oz to 10 lbs; 1/20th of an ounce of cannabis resin extract (hash, wax, shatter, vape, etc.) or any amount of synthetic THC), and felony possession with intent to sell and/or deliver.

North Dakota: Medical and Decriminalized

Medical cannabis is legal in North Dakota, while recreational cannabis is illegal. For non-medical residents, ingesting any amount of cannabis is a misdemeanor punishable by 30 days imprisonment and/or a maximum fine of $1,500. Possession of less than 1/2 ounce (14.175 grams) of cannabis is a criminal infraction punishable by a fine of up to $1,000.

Ohio: Medical and Adult-Use

On November 7, 2023, Ohio voters approved Issue 2, legalizing cannabis for adults. Once the measure is certified, adults 21 and older will be allowed to possess up to 2.5 ounces of cannabis and to securely grow up to six plants. Legal sales are anticipated sometime in 2024. Until then, possession of 100 grams or more but less than 200 grams is a misdemeanor of the fourth degree. This offense carries a sentence of up to 30 days in jail and/or up to a $250 fine. Anything more than 200 grams in someone's possession is a felony cannabis possession offense.

Oklahoma: Medical

A special election for State Question 820, a statutory ballot initiative to legalize, regulate, and tax cannabis for adults, was held on March 7, 2023 in Oklahoma. The measure would also have allowed individuals to expunge low-level cannabis convictions from their criminal records. Unfortunately, only 25% of eligible voters participated, and SQ 820 was not approved, with 61.7% voting against the measure and 38.3% voting in favor. Possession of any amount of cannabis is a misdemeanor with a term of imprisonment of up to one year and a fine of up to 1,000 (conditional release is possible for a first offense).

Oregon: Medical and Adult-Use

One of the first states to pass a medical cannabis law, the plant medicine has been legal in Oregon since 1998. Recreational cannabis has been legal since 2015 in the state. Residents may possess up to an ounce on their person and up to eight ounces at home.

Pennsylvania: Medical

Pennsylvania passed its medical cannabis law in 2016, allowing patients to possess a “30-day supply” of the plant medicine. Possession of 30 grams or less of cannabis faces a misdemeanor charge of up to 30 days in jail, and a fine of $500. For possession of more than 30 grams, the penalties go up to 1 year in jail, $5,000 in fines, and an automatic six-month loss of license.

Rhode Island: Medical and Adult-Use

Rhode Island became the 19th state to end cannabis prohibition when lawmakers approved a legalization law in May 2022. Smoking cannabis is legal everywhere cigarettes are permitted. The maximum amount an adult can possess on their person is one ounce.

South Carolina: Completely Illegal

For the first time, the South Carolina Senate passed a medical cannabis bill in 2022, in a landslide 28-15 vote. However, the bill died when the House of Representatives refused to debate the bill on procedural grounds. If a person is caught with 28 grams or less of cannabis, that person can be charged with simple possession. If convicted, the person can be fined or receive up to 30 days in jail. Simple possession is a misdemeanor that is prosecuted in Municipal or Magistrate's court.

South Dakota: Medical

After a lawsuit overturned a 2020 ballot initiative in South Dakota to legalize cannabis, MPP led the charge to put the issue back on the ballot in November 2022. Unfortunately, the statutory initiative that would have legalized cannabis for adults known as Measure 27, was defeated 52.9% to 47.1% in the 2022 midterm election where voter turnout was significantly lower than 2020. No person may knowingly possess cannabis. It is a Class 1 misdemeanor to possess two ounces of cannabis or less. It is a Class 6 felony to possess more than two ounces of cannabis but less than one-half pound of cannabis. It is a Class 5 felony to possess one-half pound but less than one pound of cannabis.

Tennessee: Completely Illegal (CBD Oil Only)

Tennessee is one of only 12 states without a viable medical cannabis program and one of 19 states that continues to imprison individuals for possessing small amounts of cannabis — possession of a half ounce of cannabis or less is a misdemeanor punishable by up to one year in jail and a maximum fine of $2,500. A $250 fine is required for all first-time convictions. A subsequent offense brings a $500 mandatory minimum fine.

Texas: Completely Illegal (CBD Oil Only)

The Texas legislature adjourned on May 29, 2023, without passing any cannabis policy reforms. Possession of cannabis under two ounces is still punishable by up to 180 days in jail and up to a $2,000 fine. Possession of cannabis between two and four ounces is still punishable by up to one year in jail and a $4,000 fine.

Utah: Medical

On November 6, 2018, 53% of Utah voters approved Proposal 2 — the Medical Cannabis Act — representing a major victory for medical cannabis advocates who fought for years to establish a compassionate program. Possession of 1 ounce – 1 pound is a class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,500. Possession of 1 pound -100 pounds is a third-degree felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Vermont: Medical and Adult-Use

On Saturday October 1, 2022, legal cannabis sales for adults 21 and over began in Vermont. There is a one-ounce limit of cannabis or five grams of hashish that may be possessed by a person 21 years of age or older shall not include cannabis cultivated, harvested, and stored. Adults cannot consume cannabis in a public place.

Virginia: Medical and Adult-Use

In 2021, Virginia became the first state in the South, and the 17th in the nation, to legalize cannabis for adults. Adults 21 and older can possess a maximum of one ounce of cannabis.

Washington: Medical and Adult-Use

Medical and adult-use cannabis was legalized in Washington State in 1998 and 2012, respectively. Adults over the age of 21 can purchase and/or possess up to an ounce of cannabis. Adults can also possess up to 7 grams of cannabis concentrates or 16 ounces of cannabis edibles.

West Virginia: Medical

West Virginia remains one of the 19 states that have yet to even decriminalize cannabis possession. Possession of cannabis, regardless of the amount is a crime in West Virginia, punishable by at least 90 days (but not exceeding 6 months) in jail. Imposition of a fine not exceeding $1,000 may also be considered.

Wisconsin: Completely Illegal (CBD Oil Only)

Wisconsin is lagging behind the times on cannabis policy reform. A first offense for possession of cannabis 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: Completely Illegal

Wyoming is one of just a few states that continues to criminalize adults and patients for possessing and using cannabis. Possession of three ounces or less is a misdemeanor punishable by no more than 12 months imprisonment and a maximum fine of $1,000, or both. Possession of more than 3 ounces is a felony punishable by a maximum of 5 years imprisonment and a maximum $10,000 fine, or both.

State Markets Are Always Changing

Much like the cannabis industry, state cannabis laws are always fluctuating. Each state has different qualifying conditions for its medical programs and various regulations for adult use.

HashDash will continue to update both this chapter and all of our content around the most up-to-date news on state cannabis laws and markets as we can. However, we can’t do it alone.

Arguably the best resource for staying up-to-date with the cannabis laws in your state is the legendary organization NORML, also known as the National Organization for the Reform of Marijuana Laws.

NORML has been around since the 1970s and is dedicated to educating Americans about the laws surrounding the cannabis plant in their home state. Google NORML and then your state and you’ll be directed to the laws in your area.

What We Learned: State-By-State Cannabis Laws

Learning the specific cannabis laws in your state is essential to becoming an informed consumer. Here are a few key takeaways from this chapter:

• Cannabis is legal for medical purposes in 38 states.
• Adult-use cannabis, or recreational, is legal in 24 states and the District of Columbia.
• In some states, cannabis is still prohibited, with varying degrees of punishments depending on your area.
• Always check sites like your state’s NORML websites for the best information on the cannabis laws near you.

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