Marijuana use dates back at least 12,000 years. However, just under 90 years ago, it was banned in the United States. Federal law classifies it as a controlled substance with no accepted medical value, and sale, distribution, possession, use, and consumption can lead to federal prosecution.

Today, the failed “War on Drugs” is finally coming to an end. More and more states allow their citizens to use marijuana.

That said, the legal status of marijuana varies dramatically across the country.

Here’s everything you need to know about buying and using marijuana legally in the US.

Quick Summary: What’s the Legal Status of Marijuana in the US? 

State	Marijuana	Delta 8 THC	CBD
Alabama	💊  Medical Only	✅  Unrestricted	✅  Unrestricted
Alaska	✅  Unrestricted	❌  Banned	✅  Unrestricted
Arizona	✅  Unrestricted	❌  Banned	✅  Unrestricted
Arkansas	💊  Medical Only	❌  Banned	✅  Unrestricted
California	✅  Unrestricted	❌  Banned	✅  Unrestricted
Colorado	✅  Unrestricted	❌  Banned	✅  Unrestricted
Connecticut	✅  Unrestricted	⚖️ Regulated	✅  Unrestricted
Delaware	✅  Unrestricted	❌  Banned	✅  Unrestricted
Florida	💊  Medical Only	✅  Unrestricted	✅  Unrestricted
Georgia	💊  Medical Only	✅  Unrestricted	✅  Unrestricted
Guam	✅  Unrestricted	✅  Unrestricted	✅  Unrestricted
Hawaii	💊  Medical Only	❌  Banned	✅  Unrestricted
Idaho	❌  Banned	❌  Banned	✅  Unrestricted
Illinois	✅  Unrestricted	✅  Unrestricted	✅  Unrestricted
Indiana	❌  Banned	✅  Unrestricted	✅  Unrestricted
Iowa	💊  Medical Only	❌  Banned	✅  Unrestricted
Kansas	❌  Banned	✅  Unrestricted	✅  Unrestricted
Kentucky	💊  Medical Only	✅  Unrestricted	✅  Unrestricted
Louisiana	💊  Medical Only	⚖️ Regulated	✅  Unrestricted
Maine	✅  Unrestricted	✅  Unrestricted	✅  Unrestricted
Maryland	✅  Unrestricted	⚖️ Regulated	✅  Unrestricted
Massachusetts	✅  Unrestricted	❌  Banned	✅  Unrestricted
Michigan	✅  Unrestricted	⚖️ Regulated	✅  Unrestricted
Minnesota	✅  Unrestricted	⚖️ Regulated	✅  Unrestricted
Mississippi	💊  Medical Only	❌  Banned	✅  Unrestricted
Missouri	✅  Unrestricted	⚖️ Regulated	✅  Unrestricted
Montana	✅  Unrestricted	❌  Banned	✅  Unrestricted
Nebraska	💊  Medical Only	✅  Unrestricted	✅  Unrestricted
Nevada	✅  Unrestricted	❌  Banned	✅  Unrestricted
New Hampshire	💊  Medical Only	❌  Banned	✅  Unrestricted
New Jersey	✅  Unrestricted	⚖️ Regulated	✅  Unrestricted
New Mexico	✅  Unrestricted	✅  Unrestricted	✅  Unrestricted
New York	✅  Unrestricted	❌  Banned	✅  Unrestricted
North Carolina	❌  Banned	✅  Unrestricted	✅  Unrestricted
North Dakota	💊  Medical Only	❌  Banned	✅  Unrestricted
Ohio	✅  Unrestricted	✅  Unrestricted	✅  Unrestricted
Oklahoma	💊  Medical Only	✅  Unrestricted	✅  Unrestricted
Oregon	✅  Unrestricted	❌  Banned	✅  Unrestricted
Pennsylvania	💊  Medical Only	✅  Unrestricted	✅  Unrestricted
Puerto Rico	💊  Medical Only	✅  Unrestricted	✅  Unrestricted
Rhode Island	✅  Unrestricted	❌  Banned	✅  Unrestricted
South Carolina	❌  Banned	❌  Banned	✅  Unrestricted
South Dakota	💊  Medical Only	❌  Banned	✅  Unrestricted
Tennessee	💊  Medical Only	❌  Banned	✅  Unrestricted
Texas	💊  Medical Only	✅  Unrestricted	✅  Unrestricted
Utah	💊  Medical Only	❌  Banned	✅  Unrestricted
Vermont	✅  Unrestricted	❌  Banned	✅  Unrestricted
Virgin Islands	✅  Unrestricted	✅  Unrestricted	✅  Unrestricted
Virginia	✅  Unrestricted	❌  Banned	✅  Unrestricted
Washington	✅  Unrestricted	❌  Banned	✅  Unrestricted
Washington DC	✅  Unrestricted	⚖️ Regulated	✅  Unrestricted
West Virginia	💊  Medical Only	❌  Banned	✅  Unrestricted
Wisconsin	💊  Medical Only	✅  Unrestricted	✅  Unrestricted
Wyoming	❌  Banned	❌  Banned	✅  Unrestricted

How is Marijuana Regulated in the US? 

In the United States, marijuana laws are complex and, at times, contradictory. For starters, federal law prohibits marijuana, and its main cannabinoid, THC, is listed as a Schedule I controlled substance.

However, this means very little because each state regulates marijuana as it wishes, even if it contradicts federal law.

Many states, as well as the District of Columbia, bypass the federal ruling and allow recreational or medicinal use of cannabis (or both).

Is CBD Legal in the United States? 

CBD is produced in all cannabis plants. Although it’s not as attractive as THC for recreational users, it is mainly used for supplemental purposes.

Unlike THC, this cannabinoid is not psychoactive, which means it won’t get you high.

CBD falls under different regulations entirely. If CBD is derived from hemp plants, it’s legal federally. If it’s derived from marijuana plants, its legality depends on individual state laws.

Most CBD is made from hemp for companies to sell to users in all 50 states. 

Hemp is considered any plant that produces less than 0.3% THC by weight — as per the 2018 Farm Bill. This 0.3% threshold is an arbitrary number suggested by a Canadian research team in the early 2000s. Most government regulators use this threshold for differentiating marijuana from hemp.

Is Delta 8 THC Legal in the United States? 

Delta 8 THC is similar to conventional THC products (delta 9 THC) but has a few key differences.

Its effects are more forgiving and relaxing, it’s less likely to lead to anxious side effects, and most importantly, it is federally legal. Delta 8 falls under the same regulations as CBD — if it’s derived from hemp, it’s legal; if it’s derived from marijuana, it’s only legal in states with recreational marijuana programs.

However, there are some exceptions. Some states have specifically moved to ban delta 8 THC — including a few with recreational marijuana laws.

Related: Is Delta 8 THC Legal Where I Live?

Legality of Hemp-Derived Delta 8 In the United States: 

Legal States	Illegal States	Regulated
Alabama Florida Georgia Guam Illinois Indiana Kansas Kentucky Maine Nebraska New Mexico North Carolina Ohio Oklahoma Pennsylvania Puerto Rico Texas Virgin Islands Wisconsin	Alaska Arizona Arkansas California Colorado Delaware Hawaii Idaho Iowa Massachusetts Mississippi Montana Nevada New Hampshire New York North Dakota Oregon Rhode Island South Carolina South Dakota Tennessee Utah Vermont Virginia West Virginia Washington Wyoming	Connecticut Louisiana Maryland Michigan Minnesota Missouri New Jersey Washington D.C.

Marijuana Laws State-By-State

The legal status of marijuana can be confusing as you begin to look closely. It’s not easy to navigate the laws state by state because of how vague they can be.

Let’s check out marijuana legality by state — covering what the law covers, what penalties may apply, and what loopholes may be available.

Summary: Legal Marijuana States

Legal for Both Medical and Recreational Use	Legal for Medical Use Only	Illegal for Both Medical and Recreational Use
Alaska Arizona California Colorado Connecticut Delaware Guam Illinois Maine Maryland Massachusetts Michigan Minnesota Missouri Montana Nevada New Jersey New Mexico New York Ohio Oregon Rhode Island Vermont Virgin Islands Virginia Washington Washington D.C.	Alabama Arkansas Florida Georgia Hawaii Iowa Kentucky Louisiana Mississippi Nebraska New Hampshire North Dakota Oklahoma Pennsylvania Puerto Rico South Dakota Tennessee Texas Utah West Virginia Wisconsin	Idaho Indiana Kansas North Carolina South Carolina Wyoming

Alabama

Is marijuana legal in Alabama?

No!

Recreational use of marijuana is prohibited in Alabama. However, the state does have a medical marijuana program. This program was established in 2021 and is available for terminally ill patients.

If you’re found with marijuana for personal use in Alabama, you could face a prison sentence of up to one year and a fine of $6,000. Conversely, if the police catch you selling weed, you could spend up to ten years in prison and pay fines of up to $15,000.

Delta 8 and delta 10 THC are legal marijuana alternatives in the state of Alabama.

Alaska

Is marijuana legal in Alaska?

Yes!

Alaska allows the use of marijuana for both therapeutic and recreational purposes, having legalized it in 1998 and 2014. respectively. There, you can grow your marijuana and have up to 4 oz at home and 1 oz on the street.

However, there is a catch: it’s not allowed to be consumed in public.

If you are found with more than an ounce of marijuana in public, you could face charges of up to a year in prison and fines of up to $1000. Sale is also prohibited, although small amounts are considered a misdemeanor-a year in jail and up to $1,000 in fines.

If police find you selling more than an ounce of marijuana, you could go to prison for up to five years and pay fines of up to $50,000.

Alaska banned delta 8 THC and similar compounds.

Arizona

Is marijuana legal in Arizona?

Yes!

In November 2020, Arizona passed Proposition 207, legalizing the recreational use of marijuana. However, carrying more than one ounce is prohibited.

Other than that, smoking cannabis is legal in Arizona, as long as you do not carry more than the allowed amount.

On the other hand, the sale is prohibited. Although you can give away up to one ounce, you cannot trade any amount. Depending on how much, you will face prison sentences of up to ten years if you do.

Of note, the state legalized medical marijuana in 2010. Delta 8 THC and similar compounds have been banned in the state.

Arkansas

Is marijuana legal in Arkansas?

No!

Marijuana is illegal in Arkansas, and possession of small amounts could send you to spend a year behind bars. On the other hand, selling marijuana in this state is punishable by up to 40 years in prison.

However, medical use is legal in Arkansas. In 2016, Arkansas Medical Marijuana Amendment passed, allowing marijuana treatment for ailments such as:

• Cancer
• Glaucoma
• Positive status for HIV/AIDS
• Fibromyalgia
• Alzheimer’s disease
• Hepatitis C
• Amyotrophic lateral sclerosis (ALS)
• Tourette’s syndrome
• Crohn’s disease
• Ulcerative colitis
• PTSD
• Severe arthritis

Delta 8 THC and similar compounds are illegal in Arkansas.

California

Is marijuana legal in California?

Yes!

California legalized adult use in 2016. Those over 21 may possess up to 28 grams of marijuana for recreational use. On the other hand, selling cannabis without a license is punishable by fines of up to $500 if it is an isolated episode. The penalties considerably increase if it is a commercial activity.

California is also the first state that legalized medical marijuana when lawmakers passed the Compassionate Use Act of 1996. Marijuana may be legal in the state, but California banned delta 8 and similar compounds.

Colorado

Is marijuana legal in Colorado?

Yes!

The sale and consumption of recreational marijuana are legal in Colorado for those over 21 since 2012 and medical marijuana since 2000.  However, if you carry more than one ounce, you could face fines of up to $100. Colorado was one of the first states to legalize marijuana and is one of the most relaxed when it comes to penalties.

However, Colorado recently banned the sale of delta 8 and delta 10 THC.

Connecticut

Is marijuana legal in Connecticut?

Yes!

In Connecticut, the state has not only decriminalized possession of small amounts of marijuana but has also legalized adult use in 2021. The state also has a medicinal marijuana program in place since 2012.

Delta 8 THC is legal but regulated in Connecticut and can only be sold in registered medical marijuana dispensaries.

Delaware

Is marijuana legal in Delaware?

Yes!

Delaware legalized recreational use in 2023, and residents of legal age can possess up to an ounce. Medical marijuana has also been legal since 2011.

Having more than an ounce in your possession is considered a misdemeanor or a felony (depending on the severity of your case) with a jail time of around three months to 25 years and a fine of $575.

Delta 8 THC and similar cannabinoids are banned in Delaware.

Florida

Is marijuana legal in Florida?

No!

The penalties for possession are as follows:

• Less than 20 grams — first-degree misdemeanor; up to 1 year in jail.
• More than 20 grams to 25 pounds or less than 300 plants — up to 5 years in prison.
• Over 25 lbs — a first-degree felony.

Selling marihuana is considered a 3rd-degree felony unless it is less than 20 g. without consideration. Up to 15 years imprisonment.

Medical marijuana has been available to qualified patients since 2016, and delta 8 THC is legal in Florida without a medical license (hemp-derived only).

Georgia

Is marijuana legal in Georgia?

No!

The laws in Georgia regarding the recreational use of the plant are relatively strict. However, they offer alternative sentencing programs for offenders, offering them treatment instead of jail time. Possession of more than 1 ounce of marijuana is a felony in Georgia, punishable by one to 10 years in prison.

Medicinal use has been legal since 2015, and patients may possess up to 20 ounces of high CBD and low THC cannabis oil only.

Hemp-derived delta 8 and delta 10 THC are legal.

Guam

Is marijuana legal in Guam?

Yes!

On April 4, 2019, Guam Governor Lou Leon Guerrero signed Law 32, which will allow those 21 years of age or older to cultivate up to six cannabis plants or own up to 1 ounce (28.3 grams) of the drug. Medical marijuana was legalized in 2015.

However, it is illegal to consume marijuana in public places, while driving any type of vehicle, nor in workplaces or schools.

Delta 8 and like cannabinoids are unrestricted in Guam.

Hawaii

Is marijuana legal in Hawaii?

No!

Many tourists and residents are imprisoned for the use, possession, or commercialization of marijuana.

The penalties imposed by the island state are as follows:

• Possession of 1 ounce or more — a misdemeanor punishable by up to 1 year in jail or a $2,000 fine.
• Possession of 25 or more marijuana plants — class C felony; 2 lbs. or more: class B felony; 25 lbs. or more; class A felony; Possession of more than 100 plants: class A felony
• Sale of any amount — class C felony; 1 lb. or more: class B felony; 5 lbs. or more: class A felony.

Medical marijuana is legal though and has been since 2000. As for delta 8, it’s banned in Hawaii.

Idaho

Is marijuana legal in Idaho?

No!

The cultivation, sale, and possession of cannabis for medical and recreational purposes are completely illegal in Idaho. It also has stringent laws regarding the use of cannabis. For example, possession of three ounces can result in 10 years in prison or fines of up to $30,000. At the same time, sales offenses can lead to 5 years or fines of up to $10,000.

Of note, Idaho prohibits the sale and use of delta 8.

Illinois

Is marijuana legal in Illinois?

Yes!

Those over 21 can purchase up to one ounce of cannabis flower and five grams of concentrated cannabis.

On the other hand, visitors may possess only half of the quantities mentioned above.

Regarding possession, those over 21 are allowed to possess:

• Up to 30 grams of marijuana
• Up to 500 mg of THC in a marijuana-infused product
• Up to 5 grams of cannabis concentrates

Delta 8 and similar cannabinoids are legal in the state of Illinois.

Indiana

Is marijuana legal in Indiana?

No!

The use of cannabis is not allowed, not even for medicinal purposes. Possessing less than 30g is considered a misdemeanor. However, this offense could result in drug diversion programs for first-time offenders without a criminal record or more severe penalties such as jail time and significant fines.

Delta 8 THC is legal in Indiana, along with D10 THC.

Iowa

Is marijuana legal in Iowa?

No!

In Iowa, it is legal to possess and use cannabidiol (a non-psychoactive cannabinoid found naturally in marijuana plants) since 2017. However, the possession and sale of marijuana for recreational purposes is illegal.

Penalties for sales are as follows:

• Less than 50 kg — fine of $1,000 to $5,000.
• 50 to 100 kg — fine from $1,000 to $50,000
• 100 to 1000 kg — $ 5000 to $ 100,000
• More than 1000 kg — a penalty of up to 50 years and $ 1,000,000.

Delta 8 and delta 10 are illegal in Iowa.

Kansas

Is marijuana legal in Kansas?

No!

Possessing marijuana for personal use or sale and selling, distributing, or even growing marijuana is illegal in Kansas.

Unfortunately, it is also illegal for medical use. In addition, the penalties can be very stiff, fining up to $100,000 for a second marijuana possession charge.

Kansas residents can use delta 8 and delta 10 THC.

Kentucky

Is marijuana legal in Kentucky?

No!

Kentucky approved the medicinal use of marijuana in 2023. However, possession and sale of marijuana for recreational use remain a crime in this state. In addition, certain levels of possession constitute a felony under state law.

If the police find you with less than 8 ounces, it is a misdemeanor. If they see you with 8 oz, it happens to make it a felony. Finally, if they find you with more than eight ounces, they consider its possession for sale.

As for delta 8 and similar compounds, they’re legal in Kentucky.

Louisiana

Is marijuana legal in Louisiana?

No!

In 2017, Louisiana established a law for the medical use of cannabis. However, the law does not allow home cultivation of the plant and only authorizes ten pharmacies to market cannabis.

The only ones immune from being punished for possession are patients in state-sponsored medical marijuana programs, anyone who legally possesses medical marijuana, and particular caregivers, as defined in Section 1503.

Louisiana tightly regulates the sale and use of delta 8.

Maine

Is marijuana legal in Maine?

Yes, but with limitations.

Marijuana is legal in Maine, but only to an extent. Quantities greater than 2.5 ounces per person are illegal, and so are public use and commercialization distribution.

When a car is used to supply or traffic marijuana, the driver’s license can be suspended for up to 5 years after release from prison.

Delta 8 THC and delta 10 THC are legal in the state of Maine (hemp-derived only).

Maryland

Is marijuana legal in Maryland?

Yes!

Maryland legalized adult use of marijuana in 2022, while medical marijuana was legalized in 2013. Residents of legal age can possess up to 1.5 ounces of marijuana for personal use. Carrying up to 2.5 ounces is a civil offense with a fine of $250. 

When it comes to delta 8, this cannabinoid is regulated in the state.

Massachusetts

Is marijuana legal in Massachusetts?

Yes!

In Massachusetts, those 21 and older may possess up to 1 ounce of marijuana outside their residence and 10 ounces inside their homes. They are also allowed to have up to 6 plants and give away 1 ounce of marijuana to adults. 

In Massachusetts, you can also register to buy and sell legally, and you can even buy online with home delivery. 

Medical marijuana use has been legal since 2012 and adult use since 2016. Delta 8 and similar cannabinoids though are banned in the state.

Michigan

Is marijuana legal in Michigan?

Yes!

Michigan legalized medical cannabis in 2008 and recreational cannabis in 2018. Possession of up to 2.5 ounces on your person and up to 10 ounces in your home carries no penalties. You can also possess up to 15g of hash and concentrates without penalties.

As for delta 8, this cannabinoid is regulated in Michigan.

Minnesota

Is marijuana legal in Minnesota?

Yes!

Marijuana for medicinal use has been legal since 2014 and adult use since 2023. If you’re of legal age, you can legally possess up to 2 ounces of marijuana in public and 2 lbs in private without incurring any penalties. Possession of more than these legal limits can mean 90 days to five years in jail and a fine of $300 to $10,000, depending on the severity of your case.

Both delta 8 and delta 10 THC are legal but regulated in Minnesota.

Mississippi

Is marijuana legal in Mississippi?

No!

In Mississippi, you can only use CBD legally, and it is forbidden to use marijuana for recreational purposes.

If you are found with more than one ounce of marijuana in public, you could face charges of up to one year in prison and fines of up to $500,000, depending on the amount.

If the police find you selling it, the penalty can be 30 years in prison in the worst case.

You won’t be able to buy delta 8 in Mississippi, too, as the state has banned this cannabinoid.

Missouri

Is marijuana legal in Missouri?

Yes!

Missouri legalized marijuana for adult use in 2022. Medical marijuana, on the other hand, has been legal since 2018. If you’re of legal age, you can legally possess up to 3 ounces of marijuana.

Delta 8 and delta 10 THC remain legal but regulated in Missouri.

Montana

Is marijuana legal in Montana?

Yes!

Medical marijuana was legalized in 2004, and on November 3, 2020, ballot initiative 190 was approved, allowing possession, production, and sale of cannabis by adults over 21.

Concerning cultivation, possession of 4 mature plants for personal use is legal. However, to grow and use marijuana for medicinal use, patients and caregivers must register with the Quality Assurance Division of Public Health and Human Services.

Selling to a minor can incur an additional $50,000 fine, at least two years in prison, or both.

Montana also banned delta 8 and similar cannabinoids.

Nebraska

Is marijuana legal in Nebraska?

No!

The State of Nebraska decriminalized marijuana possession in small amounts. However, possession of one ounce can carry fines of up to $300.

On the other hand, the sale is a severe offense regardless of the amount. If the police catch you selling as little as one gram, you can go to prison for a year. Penalties vary depending on the amount, from 1 to 20 years, with a mandatory minimum sentence of 1 year and up to $20,000 in fines.

Delta 8 THC and delta 10 are legal if derived exclusively from hemp. The state also legalized medical marijuana for qualified patients in 2024.

Nevada

Is marijuana legal in Nevada?

Yes!

Since 2016, recreational marijuana has been legal in Nevada, while medical marijuana since 1998.

You can also obtain a medical marijuana card if you suffer from one of the following medical conditions:

• Acquired Immune-Deficiency Syndrome
• Cancer
• Glaucoma
• One that produces cachexia, persistent muscle spasms, seizures, severe nausea, or severe pain
• Any other chronic or debilitating condition

Delta 8 is illegal in Nevada, and you won’t be able to buy such products in the state.

New Hampshire

Is marijuana legal in New Hampshire?

No!

In 2013, a medical marijuana bill was passed, allowing patients with a valid recommendation from a physician to possess up to two ounces of cannabis at a time. However, recreational use is illegal.

Penalties may vary depending on the amount you are found with:

• Less than 1 oz — up to 3 years or $25,000
• 1 oz up to 5 lbs — up to 7 years or $100,000
• More than 5 lbs — up to 20 years or $300,000

Delta 8 is also illegal in the state of New Hampshire.

New Jersey

Is marijuana legal in New Jersey?

Yes!

As much as New Jersey law allows the use of marijuana for both medical and recreational purposes (legal since 2010 and 2020, respectively), you have to keep in mind that they have mandatory minimum penalties for large amounts, whether for sale or possession.

For example, those with a doctor’s recommendation can possess up to 6 oz of marijuana per month. On the other hand, non-medical possession of that same amount is a felony punishable by 18 months of imprisonment.

New Jersey strictly regulates the sale and use of delta 8 products.

New Mexico

Is marijuana legal in New Mexico?

Yes!

In New Mexico, recreational use has been legal since 2021, and adults of legal age may possess up to 2 ounces of marijuana. Carrying more than the legal limit is considered a crime, and the sentence could be one to one and a half years in prison and fines of $1,000 to $5,000.

Possession of marijuana by minors is considered a civil violation and is subject to a 4-hour drug education program or 4 hours of community service.

New Mexico has had a medical marijuana program set in place since 2007 that allows patients suffering from debilitating illnesses to use marijuana to alleviate symptoms.

Delta 8 or delta 10 THC (hemp-derived) are legal in this state.

New York

Is marijuana legal in New York?

Yes!

In March 2021, New York legalized recreational weed, while medical use of marijuana has been  legal since 2014. However, there are maximum amounts that you can have of this plant. Those over 21 years old can possess up to 3 ounces of cannabis.

For possession of larger quantities, the penalties are as follows:

• 4 to 8 ounces — up to one year in jail or $1,000 fine.
• 8 to 16 ounces — 1 to 4 years in prison or up to $5,000 fine
• 16 ounces to 10 pounds — 1-7 years imprisonment or up to $5,000 fine
• 10 pounds or more — 1-15 years imprisonment or up to $5,000 fine

Delta 8 products are prohibited in New York.

North Carolina

Is marijuana legal in North Carolina?

No!

While it is not legal for medical or recreational use, possession is not punishable for low quantities in North Carolina.

The maximum penalty for possessing less than half an ounce is $200. However, it does not become a felony charge unless the defendant owns at least 1.5 ounces.

For larger amounts, the consequences are as follows:

• 0.5 to 1.5 oz — 1-45 days in jail or $1,000 fine.
• 1.5 oz. to 10 lbs — 3-8 months in jail, $1,000 fine

Delta 8 products though are legal in the state, provided they’re sourced from hemp.

North Dakota

Is marijuana legal in North Dakota?

No!

As much as marijuana is illegal in this State, it is essential to know that in November 2016, North Dakota voters approved a ballot initiative legalizing the use of marijuana for medical conditions.

These conditions include, for example, cancer, AIDS, hepatitis C, ALS, glaucoma, and epilepsy.

The only requirement to use marijuana is an identification card and registration certificates that require a doctor’s approval.

Of note, North Dakota has banned delta 8 products.

Ohio

Is marijuana legal in Ohio?

Yes!

Recreational use of marijuana has been legal since 2023, and carrying up to 70 grams has no penalty in Ohio. State law also allows the medical use of the plant since 2016.

Possession of 70 to 200 grams of cannabis is a misdemeanor, which can be punishable by fines of $150 to $250 and jail time of 30 days. Possessing more than these is a felony and carries a fine of $2,500 to $15,000 and incarcrtaion of one to eight years, depending on the case.

Ohio residents have access to hemp-derived delta 8 or delta 10 THC.

Oklahoma

Is marijuana legal in Oklahoma?

No!

The possession, sale, trafficking, and cultivation of marijuana is a felony in Oklahoma. The maximum penalty for this type of offense is up to 20 years in prison and fines of up to $25,000. However, all vary depending on the amount and location of the sale and the criminal history of the seller.

On the other hand, the fines for trafficking can be up to $500,000.

Medical marijuana has been legal in the state since 2018. Delta 8 THC and delta 10 THC also remain legal in Oklahoma for the time being. 

Oregon

Is marijuana legal in Oregon?

Yes!

Oregon was the third U.S. state to legalize recreational marijuana in 2014. People over 21 years of age can grow up to four plants and have up to eight ounces of marijuana for personal use. Medical use of marijuana was legalized in 1998.

However, it is worth clarifying that illegal sales of the plant can result in fines of up to 650 dollars.

Delta 8 and similar compounds are also illegal in Oregon.

Pennsylvania

Is marijuana legal in Pennsylvania?

No!

Medical use was legalized in 2016. But the law in Pennsylvania is quite strict concerning the use, possession, and sale of marijuana for adult use.

The penalties for possession are as follows:

• Less than 30 g — 30 days in jail or fines up to $500.
• More than 30 g — 1-year imprisonment or fines up to $5000.

On the other hand, more than 1000 pounds of sales correspond to a felony of up to 10 years or $ 100,000. Furthermore, if the offense repeats, the penalty is doubled.

Delta 8 and delta 10 are legal in Pennsylvania.

Puerto Rico

Is marijuana legal in Puerto Rico?

No!

Although marijuana is illegal in Puerto Rico, it is worth noting that possessing 6 grams or less of marijuana isn’t punishable.

On the other hand, you can use marihuana for medicinal use, and it has been legal since 2017. The objective is to bring substantial revenues for other health areas since the sale of medical cannabis will pay the Sales and Use Tax (IVU), of which 10% will go to the Trauma Hospital of the Río Piedras Medical Center.

Puerto Rico doesn’t ban the sale of delta 8 or delta 10 THC as long as it’s derived from hemp.

Rhode Island

Is marijuana legal in Rhode Island?

Yes!

Marijuana has been legal for medical use in Rhode Island since 2006, while adult use was legalized in 2022. If you’re of legal age, possession of up to an ounce in public, up to 10 ounces at home, and cultivation of six plants or less carries no penalties.

However, possession of more than these legal limits is considered a misdemeanor or a felony and could mean a year to 25 years in jail and a fine of $500 to $500,000, depending on your case. 

The state has also banned delta 8 and similar compounds, so you won’t find them in-store, nor could you buy them online.

South Carolina

Is marijuana legal in South Carolina?

No!

Possession, use, sale, or cultivation of marijuana for medical or recreational use is a crime in South Carolina.

The penalties for possession are as follows:

• Less than 1 oz — 30 days or $100 to $200.
• More than 1 oz — prima facie guilty of sale

On the other hand, sales of marijuana correspond to more serious offenses:

•  First offense — up to 5 years imprisonment or up to $ 5,000
• Second offense — up to 10 years imprisonment or up to $ 10,000
• Third offense — 5-20 years imprisonment or up to $ 20,000
• Sale to a minor —  up to 10 years imprisonment and up to $ 10,000

Hemp-derived delta 8 or delta 10 THC is also banned in South Carolina.

South Dakota

Is marijuana legal in South Dakota?

No!

South Dakota legalized medical cannabis in 2020. However, the state prohibits the sale, possession, use, and cultivation of marijuana for adult use

Possession of 2 ounces or less is considered a misdemeanor and carries a jail time fof one year and a fine of $2,000. Carrying more than 2 ounces is a felony and could mean two to 15 years in jail with a fine of $4,000 to $30,000, depending on the severity of your case.

Delta 8 and delta 10 THC are also illegal in the state.

Tennessee

Is marijuana legal in Tennessee?

No!

Tennessee established a limited medical marijuana program in 2015 that only allows the use of high CBD, low THC cannabis oil, with 1% or less THC. There’s no comprehensive medical marijuana program set in place, and recreational use remains illegal.

Possession of half an ounce of cannabis is considered a misdemeanor. First offense carries a jail time of one year and a fine of $250, while subsequent offense gets you a year in jail and $500 fine.

Delta 8 THC and delta 10 THC are illegal in Tennessee.

Texas

Is marijuana legal in Texas?

No!

Although Texas is still a state where marijuana is illegal for recreational use, you can use it for medical purposes. The state legalized medical use in 2015. However, the law is very restrictive since you can only use cannabis oil. Also, it must have a low THC content (the psychoactive component) and high CBD content.

But earlier in 2025, Texas added several conditions to its list of qualifying medical diagnoses. The state also added inhalable products to its methods of application and increased the THC limit to 1% by weight and up to 10mg per dose.

Still, the penalties in Texas are so harsh that if the police catch you with small amounts, you could end up in jail for 180 days or pay fines of up to $2000.

Despite recent attempts to ban it, delta 8 and delta 10 THC are legal in the state of Texas. A bill was introduced to ban these THC isomers, but the Texas Supreme Court issued a temporary injunction, preventing enforcement.

Utah

Is marijuana legal in Utah?

No!

Utah enacted the medical marijuana law on December 6, 2018, which allows you to purchase marijuana from a dispensary with a doctor’s prescription. Also, it allows you to grow your own medicine if you live more than 100 miles from the nearest dispensary.

Recreational use of the plant can result in up to 15 years in prison, depending on the amount and location of the sale and the seller’s criminal record.

Utah also banned delta 8, delta 10, and similar cannabinoids.

Vermont

Is marijuana legal in Vermont?

Yes!

Vermont was one of the first U.S. states to legalize medical marijuana in 2004 and recreational weed in 2020. The law allows those over 21 to possess up to one ounce of the herb and cultivate two mature and four immature cannabis plants per household.

However, possession of 1 – 2 oz. or three mature or 5-7 immature plants is a crime. The first time you are caught with these amounts, you will have the opportunity to participate in the judicial diversion program. Otherwise, up to 6 months in jail or a fine of up to $500.

If you are caught a second and subsequent time, it can result in up to 2 years in prison or a fine of up to $2,000.

Vermont doesn’t permit the sale and use of delta 8 products.

Virgin Islands

Is marijuana legal in the Virgin Islands?

Yes!

Since 2019, marihuana’s medicinal use has been legal in the Virgin Islands. For medicinal use, patients over 21 can purchase cannabis at any dispensary under a license.

The US territory also legalized weed for adult use in 2023, and residents of legal age can possess 2 ounces or less of marijuana flower, edibles of up to an ounce, and concentrates of up to 14g without incurring any penalties.

Patients can have up to 4 ounces and grow up to 12 plants.

Of note, delta 8 THC is legal in this US territory.

Virginia

Is marijuana legal in Virginia?

Yes!

Virginia legalized medical marijuana in 2020 and recreational marijuana in 2021. You’re allowed to possess up to 1 oz in public or four mature plants per household. If the minimum amount is exceeded, penalties can be up to 10 years imprisonment or fines of up to $250,000, depending on the case. Sale to a minor gets you two to 50 years in jail and a fine of $100,000.

Delta 8 or delta 10 products are illegal in the state, even if they’re hemp-derived.

Washington

Is marijuana legal in Washington?

Yes!

Washington was one of the first states to legalize the medical and recreational use of marijuana in 1998 and 2012, respectively. However, consuming it in public places is illegal. This offense can result in civil fines of no more than $100.

Also, possession of more than one ounce of marijuana is a felony punishable by up to 5 years in prison and $10,000 in fines.

Delta 8 THC and similar compounds are banned in the state.

Washington DC

Is marijuana legal in Washington DC?

Yes!

The capital of the country authorizes the consumption of cannabis, both for recreational and medicinal purposes since 2011 and 2015, respectively. Adults can have up to 60 grams of marijuana and grow up to six plants at home.

However, the sale and taxation of recreational marijuana are illegal. Therefore, you can only consume it in private places, without minors watching.

The capital city also tightly regulates delta 8 THC products.

West Virginia

Is marijuana legal in West Virginia?

No!

In West Virginia, only the use of cannabis for medicinal purposes is legal. The state has a medical marijuana program since 2017.

If the police find you with small amounts of marijuana, you can spend up to 90 days in jail or pay a fine of $1000. If you are caught a second time, the above penalties could double.

On the other hand, the sale can result in 1 to 5 years in prison or fines of up to $15,000.

Hemp-derived THC products with delta 8 or delta 10 THC are also illegal in West Virginia.

Wisconsin

Is marijuana legal in Wisconsin?

No!

Wisconsin has a very limited CBD-only medical cannabis program. The state has yet to legalize medical and recreational marijuana, and possession carries penalties of six months to three and a half years imprisonment and fines of $1,000 to $10,000, depending on the amount. Sale, delivery, and cultivation carry higher penalties, from 3.5 to 15 years in jail and fines of $10,000 to $50,000.

Delta 8 and delta 10 THC are legal in Wisconsin.

Wyoming

Is marijuana legal in Wyoming?

No!

Wyoming seems to be very conservative when legalizing marijuana, as it is also illegal to be used for medicinal and recreational purposes.

If the police catch you with up to three ounces, you could face up to a year in jail or a fine of up to $1,000. If you break the law again, the sentence can be up to 5 years in prison or $5000 in fines.

On the other hand, penalties for sale can be up to 10 years in prison or $10,000. If you repeat the offense, the penalty could double.

Hemp-derived delta 8 or delta 10 THC is also illegal.

Summary: What’s the Future of Marijuana in the US? 

The United States seems to be getting closer and closer to marijuana legalization, as more and more states are moving to legalize recreational cannabis or are opening the debate. In fact, on December 4, the US House of Representatives approved the bill that would remove cannabis from the list of prohibited substances.

It is also notable that more and more people are enjoying its benefits, not only in the U.S. but also in the rest of the world.

For these reasons, we believe that the trend in the United States is running towards legalization.

FAQs on Marijuana in the US

For quick access to marijuana legality by state, check out the short commonly asked questions below.

1. How Many States in the USA is Marijuana Legalized?

Marijuana is legal for both medical and recreational cannabis sales and use in 24 US states, the District of Columbia, and two US territories (Guam and the Virgin Islands).

20 states and one US territory (Puerto Rico) allow only medical marijuana, while only six states remain where marijuana is illegal for both medical and recreational use.

2. Why Isn’t Marijuana Legal in All 50 states?

Weed isn’t legal in all 50 states because it remains federally illegal. The 2018 Farm Bill only legalized hemp, but not marijuana. The federal government considers marijuana a controlled substance with no medicinal value. As such, production, sale, distribution, possession, and consumption are considered federal crimes, despite many states legalizing it for medical purposes, adult use, or both. 

3. Where is Marijuana Banned in the US?

Marijuana is fully banned in six states: Idaho, Indiana, Kansas, North Carolina, South Carolina, and Wyoming. 20 states allow medical marijuana only, but strictly prohibit adult use.

4. What State Has the Strictest Marijuana Laws?

Idaho has the strictest marijuana laws, where simple possession gets you one year in jail and a whopping $1,000 fine. 

5. What are the States That May Legalize in 2025?

Other states that might legalize marijuana in 2025 are Pennsylvania, New Hampshire, and Hawaii.