Where Cannabis is Legal: Understanding Legality in the United States and Its Territories, Districts, and Tribes
The United States is coming around the bend on unanimously legalizing cannabis for medical and/or recreational use. It is moving slowly, but also surely making ground. Most of the focus here has been on Washington, DC and Virginia, which are still important stepping stones. Being a native of Virginia, I thought I’d never see the day. Considering, however, that legalization as well as this site, continue to expand, it’s going to be necessary to know where you’re safe to use marijuana. This blog looks at all 50 states, as well as a few territories and tribes, so you have the information on where cannabis is legal, legal for medical use, or still a punishable offense.
Where is Cannabis Legal for Recreational Use
18 states, one district, two territories, and six Indigenous-American tribes have adopted fully legal, recreational and medical-use legislation for marijuana and marijuana products. As a result, certain states allow you to transport more legally, some allow you to store more, legally. Either way, this progress is remarkable for our country. What’s also interesting is that there does not seem to be a regional trend in acceptance of legal marijuana-use legislation, which shows that progress is being made all over the country, instead of one specific area or region (with the exception of the west coast). Another indicator that we can move towards legalizing, or at least decriminalization, across the country.
The following tables highlight where, in the US, marijuana is fully legal for recreational and medical use. They also indicate, if applicable, the limits of marijuana and marijuana products you can legally transport and/or possess.
States where cannabis is legal
| Alaska | Legal for Recreational Use and Medical Use | Able to transport up to 1 oz (28 grams) |
| Arizona | Legal for Recreational Use and Medical Use | Able to transport up to 1 oz (28 grams) |
| California | Legal for Recreational Use and Medical Use | Able to transport up to 1 oz (28 grams) |
| Colorado | Legal for Recreational Use and Medical Use | Able to transport up to 2 oz (57 grams) |
| Connecticut | Legal for Recreational Use and Medical Use | Able to transport 1.5 oz (43g) or possess 5 oz (140 grams) locked inside a home or trunk of a vehicle |
| Illinois | Legal for Recreational Use and Medical Use | Able to transport up to 1.1 oz (30 grams) |
| Maine | Legal for Recreational Use and Medical Use | Able to transport up to 2.5 oz (71 grams) |
| Massachusetts | Legal for Recreational Use and Medical Use | Able to transport up to 1 oz (28 grams) outside the homeAble to store up to 10 oz (280 grams) inside a home |
| Michigan | Legal for Recreational Use and Medical Use | Able to transport up to 2.5 oz (71 grams) outside the homeAble to store up to 10 oz (280 grams) inside a home |
| Montana | Legal for Recreational Use and Medical Use | Able to transport up to 1 oz (28 grams) of marijuana or 8 grams of concentrates |
| Nevada | Legal for Recreational Use and Medical Use | Transport is legal |
| New Jersey | Legal for Recreational Use and Medical Use | Able to transport up to 6 oz (170 grams) for an individual. Licensed delivery services permitted |
| New Mexico | Legal for Recreational Use and Medical Use | Able to transport up to 2 oz (57 grams) |
| New York | Legal for Recreational Use and Medical Use | Able to transport up to 3 oz (85 grams) for recreational purposes or 24 grams of concentrates |
| Oregon | Legal for Recreational Use and Medical Use | Able to transport up to 2 oz (57 grams); more for licensed cultivators |
| Vermont | Legal for Recreational Use and Medical Use | Able to transport up to 1 oz (28 grams) |
| Virginia | Legal for Recreational Use and Medical Use (Commercial sales permitted for medical use) | Able to transport up to 1 oz (28 grams) |
| Washington (State) | Legal for Recreational Use and Medical Use | Able to transport up to 1 oz (28 grams) |
Districts, Territories, and Tribal Nations where cannabis is legal
| District of Columbia (Washington, DC) | Legal for Recreational Use and Medical Use | Able to transport up to 2 oz (57 grams) |
| Guam | Legal for Recreational Use and Medical Use | Transportation is legal |
| Northern Mariana Islands | Legal for Recreational Use and Medical Use | Transportation is legal |
| Flandreau Santee Sioux Tribe (South Dakota) | Legal for Recreational Use and Medical Use | Transportation is legal |
| Oglala Lakota Sioux Tribe(South Dakota) | Legal for Recreational Use and Medical Use | Transportation is legal |
| Suquamish Tribe (Washington State) | Legal for Recreational Use and Medical Use | Transportation is legal |
| Squaxin Island Tribe (Washington State) | Legal for Recreational Use and Medical Use | Transportation is legal |
| Eastern Band of Cherokee Nations (North Carolina) | Legal for Recreational Use and Medical Use (Sale and cultivation permitted for Medical Use) | Able to transport up to 1 oz (28 grams) |
| St. Regis Mohawk Tribe(New York) | Legal for Recreational Use and Medical Use | Transportation is legal |
Where is Cannabis Decriminalized and/or Legal for Medical Use
Being on the same page is something we’re definitely having difficulty with in the US at this current moment. With that being said, while every state hasn’t adopted full legalization of marijuana, many states have come to a consensus that individuals battling severe illnesses and conditions should be able to partake in marijuana and marijuana products as a way to manage and/or treat these situations. The following tables indicate where marijuana is legal for medical use primarily. Some of these states have opted to decriminalize small amounts, and that is noted in these tables as well.
North Carolina has been added to this list. While medical use isn’t legal (except in the case of CBD oil) it is still notable that they’ve decriminalized possession up to 1.5 oz .
States where cannabis is legal for medical use
| Alabama | Legal for Medical Use Only | Recreational: Misdemeanor for first offense; subsequent offenses considered felonies |
| Arkansas | Legal For Medical Use Only | Recreational Use/Possession is illegal |
| Delaware | Legal for Medical Use Only | Recreational Use decriminalized to a civil infraction |
| Florida | Legal for Medical Use Only | Recreational Use/Possession is illegal |
| Hawaii | Legal for Medical Use | First state legislature to legalize medical marijuanaRecreational Use Decriminalized (Less than 3 grams) |
| Louisiana | Legal for Medical Use | Recreational Use Decriminalized up to .49 oz (14 grams) |
| Maryland | Legal for Medical Use | Recreational Use Decriminalized up to 10 grams |
| Minnesota | Legal for Medical Use | Decriminalized (1976), medical transport only |
| Missouri | Legal for Medical Use | Decriminalized (2014) Transport not clearly defined |
| New Hampshire | Legal for Medical Use | Recreational Use Decriminalized up to .75 oz (21 grams) |
| North Carolina | Recreational Use DecriminalizedMedical Use Illegal (CBD Oil permitted) | Decriminalized up to 1.5 oz (42 grams) |
| North Dakota | Legal for Medical Use | Recreational use Decriminalized up to .49 oz (14 grams) |
| Ohio | Legal for Medical Use | Recreational Use decriminalized to a civil infraction |
| Oklahoma | Legal for Medical Use | Recreational Use Illegal |
| Pennsylvania | Legal for Medical Use | Recreational Use Illegal, 1.1 oz (30 grams) or less decriminalized in Philadelphia and Pittsburgh |
| Rhode Island | Legal for Medical Use | Recreational Use decriminalized to a civil infraction |
| South Dakota | Legal for Medical Use | Recreational Use is a Class 1 Misdemeanor (personal use of 2 oz (56 grams) or less) |
| Utah | Legal for Medical Use | Recreational Possession up to 1 oz (28 grams) punishable by 6 months in prison and a maximum $1,000 USD fine. |
| West Virginia | Legal for Medical Use | Recreational Use is a misdemeanor |
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Territories where cannabis is legal for medical use
| Puerto Rico | Legal for Medical Use | Recreational Use is Illegal |
| US Virgin Islands | Legal for Medical Use | Recreational Use is decriminalized up to 1 oz (28 grams) |
Where Cannabis is still 100% Illegal
Still, of course, there always has to be someone on the opposing end. These final tables show the states and territories that continue to criminalize and punish cannabis use (in some cases rather harshly). Having been a victim, several times, of pre-legalization criminal charges in Virginia however, I’m very happy to see the day that I didn’t have to add my home state to this list. Hopefully, these states will come around to, at minimum, legalization for medical use. We, as a nation, have suffered, including some more than others. Denying Americans the right to alleviate suffering, in my opinion, alienates our inalienable rights to life, liberty, and the pursuit of happiness. Ideally, these states will realize this one day, and act accordingly.
States where cannabis is illegal
| Georgia | Recreational Use and Medical Use Illegal (CBD Oil permitted with less than 5% THC) | Able to transport for medical use only |
| Idaho | Recreational Use and Medical Use Illegal (CBD Oil permitted with less than 0.1% THC) | 3 oz (85 grams) or less considered misdemeanor possession |
| Indiana | Recreational Use and Medical Use Illegal (CBD Oil permitted with less than 0.3% THC) | Possession considered a misdemeanor , punishable by up to 6 months in jail and a $1,000 USD Fine |
| Iowa | Recreational Use and Medical Use Illegal | CBD products with a THC content of 4.5 grams permitted to a patient over a 90 day period |
| Kansas | Recreational Use and Medical Use Illegal (CBD Oil permitted with less than 0% THC) | CBD Oil exempted from definition of marijuana (2018) |
| Kentucky | Recreational Use and Medical Use Illegal (CBD Oil permitted) | Misdemeanor for less than 8 oz (230 grams) |
| Mississippi | Recreational Use and Medical Use Illegal (CBD Oil permitted) | Decriminalized for first offense only, 1.1 oz (30 grams) or less |
| Nebraska | Recreational Use and Medical Use Illegal | Decriminalized for first offense only (possession up to 1 oz (28 grams) |
| South Carolina | Recreational Use and Medical Use Illegal (CBD Oil permitted with less than 0.9% THC) | Recreational Use is a misdemeanor offense |
| Tennessee | Recreational Use and Medical Use Illegal (CBD Oil permitted with less than 0.9% THC) | Less than .5 oz (14 grams) is a misdemeanor on first or second offense only |
| Texas | Recreational Use and Medical Use Illegal (CBD Oil permitted with no more than 1% THC and no less than 10% CBD) | De facto legal by refusal to arrest for less than 4 oz (112 grams) in possession in Austin, TX. Houston, Dallas, San Antonio, and Travis County have “Cite and Release” statute |
| Wisconsin | Recreational Use and Medical Use Illegal (CBD Oil permitted) | Misdemeanor for first offense, felony on subsequent offenses |
| Wyoming | Recreational Use and Medical Use Illegal (CBD Oil permitted) | Being under the influence of marijuana is a misdemeanor punishable by up to 90 days in prison and a fine up to $100 USD. Possession of 3 oz (85 grams) or less a misdemeanor punishable by up to 1 year in prison and a $1,000 USD fine |
Territories where cannabis is illegal
| American Samoa | Recreational Use and Medical Use Illegal | In 1999, a mandatory five-year minimum sentence was imposed for possession of ANY amount of ANY illegal substance |
In Conclusion
Whether you’re moving, traveling, or just learning, this guide brings together a comprehensive list of places in, and associated with, the US where it’s safe for you to enjoy cannabis. Knowing your rights are important, and that includes knowing the law. If you’re out there on the front lines lobbying for change, we applaud and thank you for your determination. Maybe you’re in a state where medical use is permitted, we hope that you are getting the best care possible from your local vendors. If you’re in a state where recreational use is legal, I encourage you to go out and exercise your right, preferably in spliff form!
