420: The US states where marijuana is legal

The 420 culture has been growing in the U.S. since California first legalized medical marijuana in November 1996. Later, Washington became the first state in legalize recreational cannabis on December 6, 2012, while Colorado opened the first legal marijuana store on January 1, 2014. Since then, more than 20 U.S. jurisdictions have legalized recreational marijuana and authorized sales, and medical marijuana is legal in most jurisdictions. Some have decriminalized recreational marijuana but consumption isn’t completely legal and several states still consider recreational use of cannabis as illegal.

It’s important to know the difference between the terms “legalized” and “decriminalized” to avoid legal problems related to marijuana use or possession. Legalization means that a substance is fully legal and regulated by the government. Decriminalization means that a substance is still technically illegal but the penalties for possession or use are reduced or eliminated. While some jurisdictions have completely decriminalized marijuana, some still have punishments on second offenses.

If you’re traveling withing the country and want to know if you’re allowed to carry marijuana, here’s the complete list of states and other jurisdictions that have legalized recreational cannabis. We also list the states where is decriminalized, where is completely legal, and where only medical marijuana is legalized.

States where recreational marijuana is legal

Alaska

• Legal to possess up to 1 oz since 2014.
• Cultivation: Twelve plants in a household with two adults older than 21 or no limit with commercial license.

Arizona

• Legal to possess up to 1 oz since 2020.
• Cultivation: Six plants in a household, or a maximum of 12 with two or more adults older than 21.

California

• Legal to possess up to 1 oz since 2018. Medical marijuana has been legal since 1996.
• Cultivation: Six plants for personal use or a commercial license.

Colorado

• Legal to possess up to 2 oz since 2021.
• Cultivation: Six plants for personal use, or commercially licensed.

Connecticut

• Legal to carry up to 1.5 oz or possess up to 5 oz locked inside a home or trunk of a vehicle. Marijuana was legalized in 2021 by Governor Ned Lamont.
• Cultivation: Up to three mature and three immature plants for all adults 21 and older.

Illinois

• Legal to possess up to 30 grams since 2019, when the General Assembly passed the Illinois Cannabis Regulation and Tax Act.
• Cultivation: Five plants in home for medical use only, or commercially licensed for recreational.

Maine

• Legal to possess up to 2.5 oz. Recreational marijuana became legal in 2016.
• Cultivation: Up to three mature plants, twelve immature plants and unlimited number of seedlings; or commercially licensed.

Maryland

• Will become legal on July 1, 2023.
• Cultivation: No home cultivation for medical cannabis patients.

Massachusetts

• Legal to possess up to 1 oz in public or 10 oz at home. Recreational marijuana became legal in 2016.
• Cultivation: Up to six plants for personal use or 12 plants maximum for 2 or more adults in a household; or a commercial license.

Michigan

• Legal to possess up to 2.5 oz in public or 10 oz at home.
• Cultivation: Up to 12 plants per household; or commercially licensed.

Missouri

• Legal to possess up to 3 oz. Legal since 2022 when Missouri voters approved Amendment 3.
• Cultivation: Up to six plants for personal use or twelve plants for 2 or more adults in a household with a license.

Montana

• Legal since 2020. It’s allowed to possess up to 1 oz of cannabis or 8 g of concentrates since 2020.
• Cultivation: Up to four plants per household.

Nevada

• Legal since 2016.
• Cultivation: Allowed at least 25 miles from a marijuana store. Up to six plants per household; or commercially licensed.

New Jersey

• Legal to possess up to 6 oz. It was legalized in 2020. In 2021, Governor Phil Murphy signed a bill including provisions for delivery and cultivation license.
• Cultivation: No home cultivation for medical or recreational use.

New Mexico

• Legal to possess up to 2 oz. Medical use was legalized in 2007. In 2019 it was decriminalized, and in 2021 Governor Michelle Lujan Grisham signed into law recreational marijuana. Sales started April 1, 2022.
• Cultivation: Up to six mature plants for personal use, or 12 per household.

New York

• Legal to possess up to 3 oz of cannabis or 24 g of concentrates. In 2019 a full decriminalization bill passed the legislature and was signed by Governor Andrew Cuomo. In 2021 a marijuana legalization law was signed.

Oregon

• Legal to possess up to 2 oz in public or 8 oz at home since 2014.
• Cultivation: Four plants per household; or commercially licensed.

Rhode Island

• Legal to possess up to 1 oz since 2022.

Vermont

• Legal to possess up to 1 oz since 2018.
• Cultivation: Two mature plants and four immature.

Virginia

• Legal to possess up to 1 oz in public and no limit at home. Retail sales have not been authorized. They are schedule to begin by January 2024 but the legislature did not develop the necessary legal framework to do so.

Washington

• Legal to possess up to 1 oz since 2012. This was the first state to legalize recreational marijuana on December 6, 2012.

Besides those states, the following jurisdictions have legalized recreational marijuana:

• Guam (Licensed sales have not yet started).
• District of Columbia (No commercial sales).
• Northern Mariana Islands (Sales started since July 16, 2021).
• United States Virgin Islands (Licensed sales have not yet started).
• Washington D.C. (Legalized, but sales have not been authorized).

States where recreational marijuana is decriminalized

Delaware

• Decriminalized. Considered a civil infraction.
• Cultivation: Not allowed.

Georgia

• Decriminalized in the cities of Atlanta, Clarkston, Forest Park, Savannah, South Fulton, Statesboro, unincorporated Fulton County and Macon-Bibb County.
• Cultivation: Illegal

Hawaii

• Decriminalized.
• Cultivation: Up to 7 plants for medical cannabis patients.

Louisiana

• Decriminalized up to 14 grams.
• Cultivation: No home cultivation for medical cannabis patients.

Minnesota

• Decriminalized since 1976. Medical cannabis was legalized in 2014. In 2022, the Minnesota legislature passed a law with a provision for sale and consumption of food and beverage products. Packages must be limited to a THC content of 50 mg total and 5 mg per serving.
• Cultivation: No home cultivation for medical cannabis patients.

Mississippi

• Decriminalized on the first offense since 1978. 30 grams or less. Medical cannabis is legal after Governor Tate Reeves signed a bill in 2022.
• Cultivation: Licensed cultivators only. Medical users can’t grow.

Nebraska

• Decriminalized. Possession up to 1 oz fined up to 300 for first offense with potential mandatory drug education. Second offense fine up to $500 and up to five days in jail. Third offense up to $500 fine and maximum one week jail.

New Hampshire

• Decriminalized since 2017 by Governor Chris Sununu.

North Carolina

• Decriminalized if possessing 42 g or less. CBD has been legalized since 2015.

North Dakota

• Decriminalized if possessing 14 g or less. Medical marijuana has been legal since 2016.
• Cultivation: No home cultivation for medical cannabis patients.

Ohio

• Decriminalized with civil infraction. Medical marijuana is legal.
• Cultivation: No home cultivation for medical cannabis patients.

Pennsylvania

• Decriminalized in Philadelphia and Pittsburgh, if possessing less than 30 grams. Medical use has been legalized since 2016.
• Cultivation: No home cultivation for medical cannabis patients.

States where recreational marijuana is illegal

• Alabama (Misdemeanor for first offense, subsequent offenses felony).
• Arkansas.
• Florida.
• Georgia (but decriminalized in Atlanta, Clarkston, Forest Park, Savannah, South Fulton, Statesboro, Fulton County and Macon-Bibb county).
• Idaho (Misdemeanor if 3 oz or less).
• Indiana (Misdemeanor, up to six months in jail, $1000 fine).
• Iowa.
• Kansas (Misdemeanor).
• Kentucky (Misdemeanor for less than 8 oz).
• Oklahoma.
• Pennsylvania (Decriminalized in Philadelphia and Pittsburgh if less than 30 grams).
• South Carolina (Misdemeanor).
• South Dakota (Misdemeanor).
• Tennessee (Misdemeanor first or second offense only if less than .5 oz).
• Texas (De facto legal by refusal to arrest for less than 4 oz in possession in Austin).
• Utah (Misdemeanor).
• West Virginia (Misdemeanor).
• Wisconsin (Misdemeanor on first offense, felony on subsequent offenses. Decriminalized in Milwaukee and Madison).
• Wyoming (Misdemeanor).

It is also illegal on the territories of American Samoa and Puerto Rico.

States where medical marijuana is legal

• Alabama.
• Alaska.
• Arizona.
• Arkansas.
• California.
• Colorado.
• Connecticut.
• Delaware.
• Florida.
• Georgia (CBD oil with less than 5% THC).
• Hawaii.
• Idaho (CBD oil with less than 0.1% THC).
• Illinois.
• Indiana (CBD oil with less than 0.3%).
• Iowa (THC content of 4.5 grams per patient in 90 day period).
• Kansas (CBD oil containing 0% THC)
• Kentucky.
• Louisiana.
• Maine.
• Maryland.
• Massachusetts.
• Michigan.
• Minnesota.
• Mississippi.
• Missouri.
• Montana.
• Nebraska (CBD oir with 0.3% THC).
• Nevada.
• New Hampshire.
• New Jersey.
• New Mexico.
• New York.
• North Carolina (CBD oil).
• North Dakota.
• Ohio.
• Oklahoma.
• Oregon.
• Pennsylvania.
• Rhode Island.
• South Carolina (CBD oil with less than 0.9% THC).
• South Dakota.
• Tennessee (CBD oil with less than 0.9% THC).
• Texas (CBD oil with less than 1% THC and no less than 10% CBD).
• Utah.
• Vermont.
• Virginia (Legal with commercial sales).
• Washington.
• West Virginia.
• Wisconsin (CBD oil).
• Wyoming (CBD oil).

And the following jurisdictions:

• District of Columbia (Legal with commercial sales).
• Guam.
• Northern Mariana Islands.
• Puerto Rico.
• U.S. Virgin Islands.

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