Where Is Marijuana Legal? Cannabis Legality by State (January 2023)

Illustration for Legality of Marijuana in the United States.
Written by Livvy Ashton | Last updated: January 13, 2023

This page contains a table with the legal status of marijuana by state. We explain where marijuana is legal for medicinal and recreational purposes, and where it’s decriminalized. You’ll also learn about the legality of CBD oil and hemp-derived delta 8 products.

The legal landscape for marijuana is changing dynamically in all 50 states, creating confusion between federal and state laws. In order to stay up-to-date with the ever-changing regulations, our team at CFAH created this interactive map for information on legalization, medical use, recreational use, and psychoactive products from hemp.

Is Marijuana Legal in Your State? (Live Update)

The map above gives a clear picture of the laws in each state and remains relevant to the latest changes on a monthly basis. Make sure you understand and follow the various states' rules regarding cannabis use.

Whether you’re a resident or a tourist, the following information will help you stay away from any misunderstandings or trouble with the local law. Scroll down to each state to learn more about their individual marijuana laws.

  • Here we cover state laws reflecting current updates, not pending legislation or future legalization dates regarding the recreational or medicinal use of marijuana. States that have legalized but are waiting for the new law to pass will have an asterisk * next to them.
  • CBD oil can be full-spectrum, broad-spectrum, or isolate. This chart refers to full-spectrum CBD oil, the type that contains 0.3% THC.
  • Individual states can place their own restrictions on the availability of certain cannabis products. For example, marijuana may only be legal up to one ounce or exclude certain products (e.g., smokable forms for patients).
  • ** On July 1, Minnesota residents will be able to consume, produce, distribute, and sell edibles in packages containing up to 50 milligrams of any form of THC as long as it’s derived from hemp.

Disclaimer: We provide this information for educational purposes only. Please do not take it as legal advice or opinion. Readers have full responsibility for using the information in this article. If you’re an employer or employee seeking confirmation of your rights, you should seek an attorney or a designated official in your state for professional guidance.

State Legal Status Medicinal Decriminalized Details
Alabama Mixed Yes No Marijuana possession for personal use is a misdemeanor punishable by up to one year in prison and $6,000 in fines. Medical cannabis is only legal in the form of non-psychoactive CBD oil for children with epilepsy.
Alaska Fully Legal Yes Yes Marijuana is legal for recreational use for adults 21 and older. The state also has a medical marijuana program for qualifying patients.
Arizona Fully Legal Yes Yes Weed has been legal in Arizona since 2020. Adults may possess and buy up to an ounce of weed and grow up to six plants for personal use.
Arkansas Mixed Yes No Recreational possession of small amounts entails a year in jail and a fine of up to $2,500. The medical marijuana program in Arkansas is one of the more restrictive in the country.
California Fully Legal Yes Yes Adults 21 years and older can buy up to one ounce of marijuana and grow up to 6 plants. California was the first state to legalize the medical use of weed in 1996.
Colorado Fully Legal Yes Yes Colorado was the pioneer of recreational legalization in the USA. Adults can carry up to an ounce of weed and grow up to six mature plants.
Connecticut Fully Legal Yes Yes Connecticut has decriminalized cannabis, but larger amounts can still land you a prison sentence and a hefty fine. The state has a robust medical marijuana program with a long list of eligible conditions.
Delaware Mixed Yes Yes You can purchase marijuana in Delaware only for medical purposes. Legislation is pending to legalize cannabis for recreational use.
District of Columbia Fully Legal Yes Yes The United States capital city allows recreational users to possess up to two ounces of marijuana if they're at least 21 years old. Adults can also grow up to six plants at home.
Florida Mixed Yes No Marijuana is illegal for recreational use in Florida, although possessing less than 20 grams is decriminalized. Medical patients can possess up to 2.5 ounces of marijuana.
Georgia Mixed CBD Oil Only No Georgia is one of the more restrictive states for marijuana, with felony charges for possessing more than one ounce of weed. HB 324 allowed for the medical use of CBD oil only, with a maximum THC level of 5%.
Hawaii Mixed Yes Yes Medical marijuana patients can carry ip to 4 ounces of marijuana. Possession of small amounts for recreational use has been decriminalized.
Idaho Illegal No No Marijuana is illegal in Idaho for any use; possessing more than 3 ounces is a felony.
Illinois Fully Legal Yes Yes Illinois legalized weed for adult users in 2020. You can purchase and possess up to 5 grams of concentrated cannabis and 30 grams of flower. The state also has a medical marijuana program.
Indiana Mixed CBD Oil Only No Indiana permits CBD oil with no more than 0.3% THC. Other forms of cannabis are strictly prohibited.
Iowa Mixed CBD Oil Only No Weed is illegal in Iowa unless you're a medical marijuana patient. You can purchase CBD oil with less than 3% if you have a qualifying medical condition.
Kansas Illegal No No Marijuana remains illegal for any use in Kansas. Even hemp-derived CBD products are restricted to isolate.
Kentucky Mixed CBD Oil Only No Kentucky only allows CBD oil for people suffering from epilepsy in clinical trials at the University of Kentucky.
Louisiana Mixed Yes Yes Louisiana has a very scarce medical marijuana program, offering a 30-day supply of non-smokable marijuana to patients.
Maine Fully Legal Yes Yes Maine allows marijuana for both medical and recreational use. Locals can possess up to 2.5 ounces of weed and grow up to 3 flowering plants.
Maryland Fully Legal Yes Yes Starting July 1, 2023, adults will be able to legally possess up to 1.5 ounces of marijuana and cultivate up to two plants in Maryland.
Massachusetts Fully Legal Yes Yes Marijuana is entirely legal in Massachusetts, with possession limits of up to 1 ounce outside and 10 ounces inside of the home.
Michigan Fully Legal Yes Yes Michigan has legalized marijuana for both medical and recreational use. Adults can carry up to 2.5 ounces of weed outside, 10 ounces at home, and grow up to 12 plants per household.
Minnesota Mixed Yes Yes Possession of fewer than 42.5 grams has been decriminalized. Medical marijuana patients can legally buy their medicine from state-licensed dispensaries.
Mississippi Mixed Yes Yes You won't go to prison if you have 30 grams or less. Medical marijuana patients can possess up to 2.5 ounces of marijuana and purchase high-CBD/low-THC oil.
Missouri Fully Legal Yes Yes Missouri now allows marijuana for both medical and recreational purposes. Missourians over 21 can now go to a dispensary without a medical marijuana card and buy flowers, pre-rolled joints, edibles, and other marijuana products.
Montana Fully Legal Yes Yes Montana approved recreational legalization in November 2020. Adults 21 years and older can purchase an ounce of weed from adult-use dispensaries and grow up to four plants.
Nebraska Illegal No Yes Nebraska has begun decriminalizing the possession of small amounts of marijuana, but weed remains illegal for medical and recreational use there.
Nevada Fully Legal Yes Yes Marijuana is fully legal in Nevada. Recreational users can grow six plants per household and possess up to one ounce of marijuana and 3 grams of marijuana concentrates.
New Hampshire Mixed Yes Yes New Hampshire has legalized marijuana for medical use and decriminalized possession down to misdemeanors for the first three charges.
New Jersey Fully Legal Yes Yes New Jersey legalized marijuana for recreational use in 2020, allowing adults aged 21 and over to possess marijuana without the fear of being prosecuted.
New Mexico Fully Legal Yes Yes New Mexico legalized marijuana in 2021. Adults can carry up to 2 ounces of cannabis flower and 16 grams of extracts.
New York Fully Legal Yes Yes Marijuana was legalized in 2021, allowing adults to possess up to 3 ounces of marijuana flower and up to 24 grams of concentrates. Adults can also possess up to 5 pounds at home and grow up to 6 plants per household.
North Carolina Illegal No Yes CBD oil is the only form of legal cannabis in North Carolina, and its available only to those with treatment-resistant epilepsy.
North Dakota Mixed Yes Yes North Dakota has decriminalized the possession of small amounts for personal use. The state also has a medical marijuana program for patients, but only in non-smokable forms.
Ohio Mixed Yes Yes Ohio has decriminalized small amounts of marijuana and legalized medical cannabis for a broad range of conditions.
Oklahoma Mixed Yes No Oklahoma legalized the medical use of marijuana in 2018; it has the largest program in the station, with more than 340,000 medical marijuana cards.
Oregon Fully Legal Yes Yes Oregon legalized marijuana for recreational use in 2015. Recreational users can possess up to one ounce in public and eight ounces at home.
Pennsylvania Mixed Yes No Pennsylvania allows non-smokable forms of medical marijuana, and several cities have decriminalized possession of small amounts for personal use.
Rhode Island Fully Legal Yes Yes Possession of less than one kilogram has been decriminalized. Those with qualifying conditions can apply for a medical marijuana card.
South Carolina Illegal No No South Carolina allows only CBD oil with less than 0.9% THC for medical use in people with Dravet syndrome, Lennox-Gastaut syndrome, or refractory epilepsy.
South Dakota Mixed Yes No Recreational users can purchase and possess up to one ounce of marijuana and grow up to three plants for personal use.
Tennessee Mixed CBD Oil Only No Tennessee permits CBD with less than 0.9% THC. However, the law doesn't offer the opportunity to purchase oil within the state. Several municipalities have decriminalized the possession of small amounts.
Texas Mixed CBD Oil Only No Weed is illegal in Texas for recreational use. The state allows only CBD oil with less than 0.5% THC.
Utah Mixed Yes No Marijuana is legal in Utah only for medical use, in a somewhat restrictive medical marijuana program.
Vermont Fully Legal Yes Yes Recreational users in Vermont can possess up to an ounce of weed and grow up to 4 immature plants, but retail sales remain illegal. However, medical marijuana is available in dispensaries.
Virginia Fully Legal Yes Yes Virginia legalized marijuana for recreational use as the first southern state. Adults can share up to 1 ounce of weed and grow up to 4 plants per household.
Washington Fully Legal Yes Yes Washington was one of the first states to legalize recreational weed. Adults 21 and older can purchase up to one ounce of marijuana, 16 ounces of edibles, and 72 ounces of liquid products.
West Virginia Mixed Yes No Marijuana is illegal for recreational use in West Virginia, although the state has a fairly robust medical marijuana program.
Wisconsin Mixed CBD Oil Only No Weed is entirely illegal in Wisconsin; the state allows only CBD oil with less than 0.3% THC.
Wyoming Illegal No No Wyoming is one of the most restrictive states when it comes to marijuana. Recreational weed is illegal, and Wyoming allows only low-THC CBD oil to treat intractable epilepsy.

Marijuana Legalization FAQs

A cannabis leaf with a magnifying glass showing a question mark sign.

Is Marijuana Legal at the Federal Level?

No. Federal law classifies marijuana as a Schedule I drug under the Controlled Substances Act (CSA), meaning that the government doesn’t recognize its medical use and considers it a substance of high risk for abuse. Possessing, growing, transporting, and distributing marijuana is a federal felony.

Individual laws that have legalized marijuana for recreational or medical use have challenged the federal government, creating a contradiction between the rights of states to create their own regulations and the federal government's power.

However, the federal government has decided not to interfere with marijuana legalization in states that have decided to do so. In 2009, the Obama administration instructed federal prosecutors not to chase people distributing marijuana following state medical cannabis laws.

Is CBD Federally Legal?

Yes. The 2018 Farm Bill legalized hemp by removing it from the list of controlled substances. The new law drew a thick line between hemp and marijuana, legalizing all hemp-derived products that contain 0.3% delta-9 THC or less.

Hemp, once again, became an agricultural commodity; farmers can grow and sell it for any use, from clothes to ropes, construction materials, biofuel, paper, food, and health supplements like CBD oil.

You can legally buy hemp-derived CBD oil in all 50 states, although we recommend checking up with your local laws to confirm whether your state allows all types of CBD oil or just broad-spectrum and isolate-based products.

Related: Is Hemp-derived Delta 9 THC Legal?

Can You Legally Buy Delta-8 THC in the United States?

Yes and no. The Farm Bill legalized all hemp-derived products, including cannabinoids, terpenes, flavonoids, isomers, and salts of isomers.

Delta-8 THC forms as a byproduct of THC oxidation over time. Until recently, marijuana was the only source of delta-8 THC because extraction from hemp was too costly.

The new law coincided with the discovery of new extraction methods that allowed manufacturers to extract usable quantities of delta-8 THC from hemp by converting CBD.

Since the final product contains less than 0.3% delta-9 THC, Delta-8 THC becomes legal under federal law.

However, 14 states have decided to ban delta 8 THC by either putting it on the list of controlled substances or by imposing the 0.3% limit on all variants of THC.

You can’t legally buy delta-8 THC products in Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Utah, and Washington.

What Does Decriminalization Mean?

Decriminalization involves the reduction of penalties for marijuana possession. Having small amounts of weed is considered a civil offense instead of a criminal offense in states that decriminalize marijuana.

According to the report from the Marijuana Policy Project, 31 states and the District of Columbia have decriminalized the possession of small amounts of marijuana for personal use, typically removing prison sentences. However, in some states, there’s still the possibility of a fine or a criminal record when you’re caught with weed.

Some states that have passed decriminalization measures have medical marijuana programs. Two states where marijuana is decriminalized haven’t legalized it for any purpose (yet).

What is the Cole Memorandum?

The Cole Memorandum is the landmark memo on federal marijuana enforcement. The Justice Department stated in 2013 that it wouldn’t challenge states’ legalization laws and expected states to enforce the law on their own.

In 2018, then-Attorney General Jeff Sessions instructed prosecutors to use their own judgment when prosecuting — or declining to pursue — marijuana offenses.

The Justice Department has generally refused to run cases where individuals don’t break the state law and hasn’t challenged state legalization programs in court.

After the Cole Memorandum, most prosecutors in the Department of Justice dropped most marijuana-related cases and moved gunpoint to more serious felonies involving firearms or organized crime.

How Many Americans Support Marijuana Legalization?

According to the statistics report on marijuana, 68% of Americans are in favor of federal legalization. As of April 2022, 70% of adult Americans want marijuana for recreational use.

That’s a huge leap throughout the history of legalization. In 1969, only 12% of U.S. adults supported legalization. In 2000, that figure increased to 31%. In 2013, it rose slightly adobe 50%.

Livvy is a registered nurse (RN) and board-certified nurse midwife (CNM) in the state of New Jersey. After giving birth to her newborn daughter, Livvy stepped down from her full-time position at the Children’s Hospital of New Jersey. This gave her the opportunity to spend more time writing articles on all topics related to pregnancy and prenatal care.