State-By-State Cannabis Laws

Cannabis is legal for either medicinal or recreational use in 38 states and the District of Columbia. In this chapter, we provide a brief overview of each state’s cannabis laws, and note whether each state has legalized medicinal, recreational (also called “adult-use”) 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: Medicinal

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

Alaska: Medicinal and Recreational

Alaska is one of the most progressive states in the country with its cannabis laws. Both recreational and medicinal cannabis 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: Medicinal and Recreational

Arizona legalized medicinal and recreational cannabis in 2020. Adults are allowed to possess up to 1 ounce of cannabis and grow up to six mature plants at home.

Arkansas: Medicinal

Arkansas voters approved medicinal 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: Medicinal and Recreational

California was the first state to legalize medicinal cannabis back in 1996. Recreational 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: Medicinal and Recreational

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

Connecticut: Medicinal and Recreational

Voters in Connecticut legalized medicinal cannabis in 2012. Recreational cannabis was legalized in July of 2021. Adults 21 and over in the Constitution State can legally possess up to 1.5 ounces of cannabis on their person and up to 5 ounces in a locked container at home or in a locked glovebox.

Delaware: Medicinal and Recreational

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

District of Columbia: Medicinal and Recreational

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

Florida: Medicinal

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

Georgia: Completely Illegal

It is illegal to possess, cultivate, or consume cannabis for either medicinal or recreational purposes in Georgia. Possession of one ounce or less is a misdemeanor, punishable by up to one year of imprisonment and/or a fine of 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: Medicinal and Decriminalized

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

Idaho: Completely Illegal

It is illegal to possess, cultivate, or consume cannabis for either medicinal or recreational purposes in Idaho. Under current state law, possession of up to one ounce of cannabis is punishable by up to one year in jail and/or a fine of up to $1,000.

Illinois: Medicinal and Recreational

Both medicinal and recreational cannabis are legal in Illinois under the law passed in 2019. Illinois residents may 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 concentrate. Visitors to the state can purchase half those amounts.

Indiana: Completely Illegal

It is illegal to possess, cultivate, or consume cannabis for either medicinal or recreational purposes in Indiana. Possession of cannabis is a misdemeanor punishable by up to 180 days in jail and a fine of up to $1,000. Possession of less than 30 grams with a prior drug offense is a misdemeanor punishable by up to one year of imprisonment and a fine of up to $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, provided it meets labeling requirements and contains no more than 0.3% THC.

Iowa: Completely Illegal

The possession, consumption, sale, and cultivation 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. Cannabis is prohibited for both medicinal and recreational use.

Kansas: Completely Illegal

Possessing, selling, cultivating, or consuming cannabis in Kansas is illegal. Cannabis is prohibited for both medicinal and recreational use. A first-time possession offense is a Class A misdemeanor, carrying a potential penalty of up to six months in jail and a $1,000 fine.

Kentucky: Medicinal

On March 31, 2023, Kentucky became the 38th state to enact a comprehensive medicinal cannabis program with the signing of Senate Bill 47 (SB 47). Medicinal cannabis use officially became legal in the state on January 1, 2025.

Louisiana: Medicinal and Decriminalized

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

Maine: Medicinal and Recreational

One of the first states to enact a medicinal cannabis program, Maine legalized the plant in 1999. Recreational use has been legal in Maine since 2016. Adults 21 and 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: Medicinal and Decriminalized

Medicinal cannabis has been legal in Maryland since 2014. Patients with qualifying conditions may possess up to “a 30-day supply” for medical use. Adults 21 and older may possess up to 1.5 ounces of cannabis flower, 12 grams of concentrated cannabis, or cannabis products containing up to 750 mg of THC. Legal adult residents may also grow up to two plants at home.

Massachusetts: Medicinal and Recreational

Medicinal and recreational cannabis have been legal in Massachusetts since 2013 and 2018, respectively. Adults may possess up to one ounce of cannabis in public, including up to 5 grams of cannabis concentrate. Within a primary residence, adults may possess up to 10 ounces of cannabis and any cannabis produced from plants cultivated on the premises.

Michigan: Medicinal and Recreational

On November 6, 2018, 55.9% of Michigan voters approved Prop 1, making Michigan the first state in the Midwest to legalize recreational cannabis for adults 21 and older. Anyone 21 or older may possess and consume cannabis. Where cannabis sales are legal, individuals can purchase up to 2.5 ounces, though no more than 15 grams may be cannabis concentrate. At home, individuals may keep up to 10 ounces of cannabis flower in a secured location. Medicinal cannabis has been legal in Michigan since 2008.

Minnesota: Medicinal and Recreational

On May 30, 2023, Minnesota became the 23rd state to legalize recreational cannabis when Governor Tim Walz 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 public, possess up to 2 pounds at home, and possess or transport up to 8 grams of recreational concentrate. Medicinal cannabis has been legal in Minnesota since 2014.

Mississippi: Medicinal and Decriminalized

As of May 2023, more than 10,000 patients have registered under Mississippi’s medicinal cannabis program, which now includes over 175 licensed dispensaries and more than 90 licensed cultivators. Recreational cannabis remains illegal, but possession is decriminalized. A first conviction carries a $250 fine. A second offense results in a $250 fine and a mandatory jail sentence of 5 to 60 days. Subsequent offenses may lead to a fine of up to $1,000 and jail time ranging from five days to six months.

Missouri: Medicinal and Recreational

With the passage of Amendment 3 in November 2022, Missouri voters ended cannabis prohibition and legalized recreational cannabis by more than a six-point margin. The amendment established a regulated adult-use market with a six percent retail tax on cannabis sales and includes automatic expungement of nonviolent cannabis-related offenses. Adults in Missouri may now possess up to three ounces of cannabis for recreational use. Medicinal cannabis has been legal in the state since 2018.

Montana: Medicinal and Recreational

Recreational cannabis businesses began operating in Montana in January 2022. A household with more than one adult may grow up to four cannabis plants and/or four seedlings. Possession of more than 1 ounce but less than 2 ounces is considered a civil infraction, punishable by a fine of up to $200 or completion of four hours of community service. Medicinal cannabis has been legal in Montana since 2004.

Nebraska: Decriminalized

Efforts to legalize medicinal cannabis in Nebraska have faced multiple setbacks. Although advocates qualified a constitutional medical cannabis initiative for the 2020 ballot, a court ruling prevented it from reaching voters. Currently, cannabis remains illegal for both medicinal and recreational use, though possession is decriminalized. Possession of 1 ounce or less is considered an infraction, punishable by a maximum fine of $300 and a mandatory drug education course. Subsequent offenses are classified as Class IV misdemeanors, with fines of up to $500.

Nevada: Medicinal and Recreational

Nevada voters approved medicinal cannabis in 2000, though regulated dispensary access wasn’t established until 2014. In November 2016, voters legalized recreational cannabis, allowing adults 21 and older to purchase, possess, consume, and, in some cases, cultivate cannabis. Adults may possess up to 1 ounce of cannabis flower or up to 1/8 of an ounce (7 grams) of cannabis concentrate for personal use.

New Hampshire: Medicinal and Decriminalized

New Hampshire is the only state in New England that has not legalized recreational cannabis. Medicinal cannabis is legal for qualifying patients. Possession of less than ¾ of an ounce by individuals 18 or older is decriminalized and considered a violation, punishable by a $100 fine for both first and second offenses.

New Jersey: Medicinal and Recreational

New Jersey became the 14th state to legalize recreational cannabis for adults 21 and over on February 22, 2021. Possession of up to 6 ounces of cannabis or 17 grams of hashish for personal use is legal. However, possessing more than these amounts remains a fourth-degree crime under state law. Medicinal cannabis has been legal in New Jersey since 2010.

New Mexico: Medicinal and Recreational

Recreational cannabis sales officially began in New Mexico on April 1, 2022. Adults 21 and older may legally purchase and possess up to two ounces of cannabis. Possession of between two and eight ounces is considered a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. Medicinal cannabis has been legal in the state since 2007.

New York: Medicinal and Recreational

New York was the third state to legalize recreational cannabis through its state legislature, following Illinois and Vermont. Adults 21 and older may possess up to three ounces of cannabis flower and up to 24 grams of concentrated cannabis for personal use. Adults are permitted to smoke or vape cannabis wherever tobacco smoking is allowed under the state's smoke-free air laws, with some exceptions. Medicinal cannabis has been legal in New York since 2014.

North Carolina: Decriminalized

North Carolina is one of only 13 states that have not enacted a medicinal cannabis program. While both medicinal and recreational cannabis remain illegal, possession is partially decriminalized. Under state law, individuals may be charged with misdemeanor possession for less than 1.5 ounces of cannabis. Possession of 1.5 ounces to 10 pounds, 1/20th of an ounce of cannabis resin extract (such as hash, wax, shatter, vape), or any amount of synthetic THC is classified as a felony. Felony charges may also apply for possession with intent to sell or deliver.

North Dakota: Medicinal and Decriminalized

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

Ohio: Medicinal and Recreational

Ohio voters approved Issue 2 on November 7, 2023, legalizing recreational cannabis for adults 21+. The measure took effect on December 7, 2023, allowing adults to possess up to 2.5 ounces of cannabis, 15 grams of concentrate, and grow up to six plants per person (12 per household). The first licensed recreational sales began on August 6, 2024. Medicinal cannabis has been legal since 2016, with dispensaries operating since January 16, 2019.

Oklahoma: Medicinal

A special election for State Question 820, a ballot initiative to legalize and regulate recreational cannabis, was held on March 7, 2023. The measure, which also aimed to expunge low-level cannabis convictions, was rejected by voters: 61.7% voted against it, with only 38.3% in favor. Just 25% of eligible voters participated. Medicinal cannabis remains legal in Oklahoma. However, possession of any amount of cannabis for non-medical use is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. Conditional release is possible for a first offense.

Oregon: Medicinal and Recreational

Oregon was one of the first states to legalize medicinal cannabis, with laws enacted in 1998. Recreational cannabis has been legal since 2015. Residents may possess up to one ounce of cannabis on their person and up to eight ounces at home.

Pennsylvania: Medicinal

Pennsylvania passed its medicinal cannabis law in 2016, allowing patients to possess a “30‑day supply” of cannabis. Possession of 30 grams or less without a medical card is a misdemeanor, punishable by up to 30 days in jail and a $500 fine. Possession of more than 30 grams carries penalties of up to one year in jail, a $5,000 fine, and an automatic six‑month driver's license suspension.

Rhode Island: Medicinal and Recreational

Rhode Island became the 19th state to end cannabis prohibition when lawmakers approved legalization in May 2022. Medicinal and recreational cannabis are both legal. Adults may smoke cannabis anywhere cigarettes are permitted. The maximum amount an adult can possess on their person is one ounce.

South Carolina: Completely Illegal

South Carolina remains one of the states where cannabis is illegal for both medicinal and recreational use. While the state Senate passed a medical cannabis bill in 2022 by a 28–15 vote, it stalled in the House and did not advance. Possession of 28 grams or less is considered simple possession, a misdemeanor prosecuted in Municipal or Magistrate’s Court. Penalties can include a fine and/or up to 30 days in jail.

South Dakota: Medical

South Dakota remains one of the few states without legal recreational cannabis. After voters legalized both recreational and medicinal cannabis in 2020, a lawsuit overturned the measure. In November 2022, Measure 27, a statutory initiative to legalize adult-use cannabis, was narrowly defeated by a 52.9% to 47.1% vote, amid significantly lower turnout compared to 2020. Currently, no form of non-medical cannabis is legal. Possession of up to two ounces is a Class 1 misdemeanor. Possession of more than two ounces but less than one-half pound is a Class 6 felony, and possession of one-half pound to less than one pound is a Class 5 felony. Medicinal cannabis remains legal following the 2020 initiative still in effect.

Tennessee: Completely Illegal (CBD Oil Only)

Tennessee is one of only 12 states without a viable medicinal cannabis program and is among the 19 states that continue to imprison individuals for small-scale possession. Possession of half an ounce or less of cannabis is a misdemeanor, punishable by up to one year in jail and a maximum fine of $2,500. A $250 fine is mandatory for first-time convictions, with $500 as a minimum fine for subsequent offenses. Only low-THC CBD oil is legally permitted in the state.

Texas: Completely Illegal (CBD Oil Only)

The Texas Legislature adjourned on May 29, 2023, without passing any cannabis policy reforms. Cannabis remains illegal for both medicinal and recreational use, with only low-THC CBD oil permitted. Possession under two ounces is a misdemeanor punishable by up to 180 days in jail and a fine of up to $2,000. Possession of two to four ounces is a misdemeanor punishable by up to one year in jail and a $4,000 fine.

Utah: Medicinal

On November 6, 2018, 53% of Utah voters approved Proposal 2—the Medical Cannabis Act—establishing the state's compassionate medicinal cannabis program. Possession of 1 ounce to 1 pound is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $2,500. Possession of 1 pound to 100 pounds is a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000.

Vermont: Medicinal and Recreational

On October 1, 2022, legal recreational cannabis sales began in Vermont for adults 21 and older. Individuals may possess up to one ounce of cannabis or five grams of hashish on their person, excluding any cannabis they have cultivated, harvested, and stored. Public consumption of cannabis is not permitted. Medicinal cannabis has been legal in Vermont since 2004.

Virginia: Medicinal and Recreational

In 2021, Virginia became the first state in the South, and the 17th in the nation, to legalize recreational cannabis for adults. Adults 21 and older may possess up to one ounce of cannabis. Medicinal cannabis has been legal in Virginia since 2021 under separate legislation.

Washington: Medicinal and Recreational

Medicinal cannabis was legalized in Washington State in 1998, and recreational cannabis followed in 2012. Adults 21 and older may purchase and possess up to one ounce of cannabis flower. Additionally, they may possess up to 7 grams of cannabis concentrates or 16 ounces of cannabis-infused edibles.

West Virginia: Medicinal

West Virginia remains one of the 19 states that have yet to legalize or decriminalize recreational cannabis. Medicinal cannabis is legal under the state's program. Possession of cannabis for non-medical purposes, regardless of the amount, is a crime, punishable by a minimum of 90 days in jail (up to 6 months) and a potential fine of up to $1,000.

Wisconsin: Completely Illegal (CBD Oil Only)

Wisconsin remains one of the few states without a medicinal cannabis program and continues to impose strict penalties for cannabis possession. A first-time offense is a misdemeanor, punishable by a fine of up to $1,000 and/or up to six months in jail. A second offense escalates to a Class I felony, punishable by up to $10,000 in fines and/or up to 3.5 years imprisonment. Only low-THC CBD oil is legally permitted in the state.

Wyoming: Completely Illegal

Wyoming is one of just a few states that continues to criminalize adults and patients for possessing and using cannabis. Cannabis is illegal for both medicinal and recreational use. Possession of three ounces or less is a misdemeanor, punishable by up to 12 months imprisonment and a maximum fine of $1,000, or both. Possession of more than three 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 itself, state cannabis laws are constantly evolving. Each state has its own qualifying conditions for medicinal programs and unique regulations for recreational use.

At HashDash, we’re committed to keeping this chapter, and all of our content, as current as possible with the latest updates on cannabis laws and markets. But we can’t do it alone.

One of the best resources for staying informed is NORML (the National Organization for the Reform of Marijuana Laws). Founded in the 1970s, NORML is a trusted source for up-to-date, state-specific cannabis policy. Just Google "NORML" + your state to find the most accurate and detailed breakdown of cannabis 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:

• Medicinal cannabis is legal in 38 states.
• Recreational cannabis is legal in 24 states and Washington, D.C.
• Cannabis remains fully illegal in some states, with penalties that vary depending on location and amount.
• Stay informed by visiting resources like your state’s NORML chapter for the most accurate, up-to-date legal guidance.

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