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Where is Marijuana Legal? Map of Weed Legalization By State

Alien
Area 52
September 23, 2021 | Legal

Marijuana use dates back at least 12,000 years. However, just under 90 years ago, it was banned in the United States.

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 ✅  Unrestricted ✅  Unrestricted
Colorado ✅  Unrestricted ❌  Banned ✅  Unrestricted
Connecticut ✅  Unrestricted Legal (Restrictions) ✅  Unrestricted
Delaware 💊  Medical Only ❌  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 ❌  Banned ✅  Unrestricted
Indiana ❌  Banned ✅  Unrestricted ✅  Unrestricted
Iowa 💊  Medical Only ❌  Banned ✅  Unrestricted
Kansas ❌  Banned ✅  Unrestricted ✅  Unrestricted
Kentucky ❌  Banned ❌  Banned ✅  Unrestricted
Louisiana 💊  Medical Only ❌  Banned ✅  Unrestricted
Maine ✅  Unrestricted ✅  Unrestricted ✅  Unrestricted
Maryland 💊  Medical Only ❌  Banned ✅  Unrestricted
Massachusetts ✅  Unrestricted ❌  Banned Grey Area – Legal Lean
Michigan ✅  Unrestricted ❌  Banned ✅  Unrestricted
Minnesota 💊  Medical Only ✅  Unrestricted ✅  Unrestricted
Mississippi 💊  Medical Only ❌  Banned ✅  Unrestricted
Missouri 💊  Medical Only ✅  Unrestricted ✅  Unrestricted
Montana ✅  Unrestricted ❌  Banned ✅  Unrestricted
Nebraska ❌  Banned ✅  Unrestricted ✅  Unrestricted
Nevada ✅  Unrestricted ❌  Banned ✅  Unrestricted
New Hampshire 💊  Medical Only ✅  Unrestricted ✅  Unrestricted
New Jersey ✅  Unrestricted ✅  Unrestricted ✅  Unrestricted
New Mexico 💊  Medical Only ✅  Unrestricted ✅  Unrestricted
New York ✅  Unrestricted ❌  Banned ✅  Unrestricted
North Carolina ❌  Banned ❌  Banned ✅  Unrestricted
North Dakota 💊  Medical Only ❌  Banned ✅  Unrestricted
Ohio 💊  Medical Only ✅  Unrestricted ✅  Unrestricted
Oklahoma 💊  Medical Only ✅  Unrestricted ✅  Unrestricted
Oregon ✅  Unrestricted ❌  Banned ✅  Unrestricted
Pennsylvania 💊  Medical Only ✅  Unrestricted ✅  Unrestricted
Puerto Rico 💊  Medical Only ✅  Unrestricted ✅  Unrestricted
Rhode Island 💊  Medical Only ❌  Banned ✅  Unrestricted
South Carolina ❌  Banned ✅  Unrestricted ✅  Unrestricted
South Dakota ✅  Unrestricted ✅  Unrestricted ✅  Unrestricted
Tennessee ❌  Banned ✅  Unrestricted ✅  Unrestricted
Texas ❌  Banned ✅  Unrestricted ✅  Unrestricted
Utah 💊  Medical Only ❌  Banned ✅  Unrestricted
Vermont ✅  Unrestricted ❌  Banned ✅  Unrestricted
Virgin Islands 💊  Medical Only ✅  Unrestricted ✅  Unrestricted
Virginia 💊  Medical Only ✅  Unrestricted ✅  Unrestricted
Washington ✅  Unrestricted ❌  Banned ✅  Unrestricted
Washington DC ✅  Unrestricted ✅  Unrestricted ✅  Unrestricted
West Virginia 💊  Medical Only ✅  Unrestricted ✅  Unrestricted
Wisconsin ❌  Banned ✅  Unrestricted ✅  Unrestricted
Wyoming ❌  Banned ✅  Unrestricted ✅  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 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 therapeutic 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 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
  • Alabama
  • California
  • Connecticut (Some Restrictions)
  • Florida
  • Georgia
  • Indiana
  • Kansas
  • Maine
  • Minnesota
  • Missouri
  • Nebraska
  • New Hampshire
  • New Jersey
  • New Mexico
  • Ohio
  • Oklahoma
  • Pennsylvania
  • Puerto Rico
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Virginia
  • Washington DC
  • West Virginia
  • Wisconsin
  • Wyoming
  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • Delaware
  • Hawaii
  • Idaho
  • Illinois
  • Iowa
  • Kentucky
  • Louisiana
  • Maryland
  • Massachusetts
  • Michigan
  • Mississippi
  • Montana
  • Nevada
  • New York
  • North Carolina
  • North Dakota
  • Oregon
  • Rhode Island
  • Utah
  • Vermont
  • Washington

Marijuana Laws State-By-Statea hemp leaf leaning on a law book with a judge's gavel and US flag at the back

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 break down the marijuana laws for each state — covering what the law covers, what penalties may apply, and what loopholes may be available.

Summary: Legal Marijuana States

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

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 is 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. 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.

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, you are free to smoke weed 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.

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

California

Is marijuana legal in California?

Yes!

In California, 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.

Colorado

close up image of a man's hand holding hemp leaves

Is marijuana legal in Colorado?

Yes!

The sale and consumption of marijuana are legal in Colorado for those over 21. 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?

No!

In Connecticut, the state has decriminalized possession of small amounts of marijuana. That is, there will be no punishment if you are stopped with small portions the first time.

Those under 21 would face a 60-day driver’s license suspension, with a small fine. Patients wishing to receive medical marijuana must apply to the State’s program.

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

Delaware

Is marijuana legal in Delaware?

No!

Use and marketing are strictly prohibited in Delaware. Penalties for minor quantity possession are up to six months in jail and fines up to $1,150.

The sale of the plant has even worse penalties, five years in prison and fines of $1,000 to $10,000.

On the other hand, trafficking is a more severe crime punishable by a minimum of 8 years in prison and fines of $100,000 or more in the worst-case scenario.

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.

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.

For medicinal use, patients may possess up to 20 ounces of low THC cannabis oil.

The best legal marijuana alternative in Georgia is hemp-derived delta 8 or delta 10 THC.

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.

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

Hawaii

hemp plants with US flag background

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.

Idaho

Is marijuana legal in Idaho?

No!

The cultivation, sale, and possession of cannabis for 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.

Illinois

Is marijuana legal in Illinois?

Yes!

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

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 marijuana concentrate

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. Currently, D8 and D10 THC are the best legal options for Indiana residents.

Iowa

Is marijuana legal in Iowa?

Yes!

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

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.

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 take advantage of a loophole that allows for the (legal) sale of delta 8 and delta 10 THC.

Kentucky

hemp leaf and handcuffs with white background

Is marijuana legal in Kentucky?

No!

In 2014, Kentucky approved the medicinal use of CBD. However, possession and sale of marijuana 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.

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.

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?

No!

In 2014, the authorities passed a law decriminalizing marijuana possession in Maryland. Carrying up to 10 grams can lead to fines up to $250. From 10 to 50 grams, there can be punishments of 1 year in prison or $1,000 in fines. The penalties for selling marijuana are more severe and include up to 40 years in prison in the worst case.

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.

Michigan

Is marijuana legal in Michigan?

No!

Although marijuana is illegal in Michigan, medical use is not. However, the penalties for possession can be up to one year or $1,000 fines. There are even harsher penalties for selling: for more than 200 plants, they can range from 15 years in prison to a $10,000,000 fine.

Minnesota

hemp buds on a gavel with a mallet and US Flag beneath

Is marijuana legal in Minnesota?

No!

Possession of fewer than 42.5 grams is a misdemeanor and can lead to fines up to $200. On the other hand, possession of more than 42.5 grams of marijuana is a felony and can result in 5 years in prison or a fine of $5000. In addition, for selling more than 50kg of the plant, the penalty can be up to 30 years or fines of $500,000.

Both delta 8 and delta 10 THC are the best legal alternatives 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.

Missouri

Is marijuana legal in Missouri?

No!

Missouri has stringent marijuana laws. For example, if the police find you with less than 10g for the first time, you may have to pay a fine of $500, and the second time they can put you in jail for a year.

On the other hand, the penalties for trafficking from 30 to 100kg can have a sentence of 10 years in prison and fines of $20,000.

Delta 8 and delta 10 THC remain legal in Missouri for the time being. This may change in the near future, however.

Montana

Is marijuana legal in Montana?

Yes!

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.

Nebraska

Is marijuana legal in Nebraska?

No!

The State of Nebraska decriminalizes the possession of marijuana 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, up to $20,000 in fines.

The best alternative to weed in Nebraska is delta 8 THC and delta 10 — both of which are legal if derived exclusively from hemp.

Nevada

Is marijuana legal in Nevada?

Yes!

Since 2016, recreational marijuana is legal in Nevada.

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

New Hampshire

dried hemp buds on a table and a tripped bottle

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

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, 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 imprisonment.

New Mexico

Is marijuana legal in New Mexico?

No!

In New Mexico, only possession of small amounts by persons over the age of 21 is permissible. The sentence can be to one year in prison or have fines between 100 and 1000 dollars for carrying larger quantities.

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.

However, New Mexico allows patients suffering from debilitating illnesses to use marijuana to alleviate symptoms.

The legal alternative to marijuana in New Mexico is delta 8 or delta 10 THC (hemp-derived).

New York

Is marijuana legal in New York?

Yes!

In March 2021, New York legalized the recreational and medical use of marijuana. 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

North Carolina

Is marijuana legal in North Carolina?

No!

While it is not legal for medical 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

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.

Ohio

a wooden gavel with some hemp buds over a white background

Is marijuana legal in Ohio?

No!

Although recreational use of marijuana has no penalty in Ohio, it is still illegal. However, the law allows the medical use of the plant.

Possession of fewer than 100 grams (approximately 3.5 ounces) of cannabis or transferring less than 20 grams is a misdemeanor, which can be punishable by fines of up to $150 and a possible driver’s license suspension for a period of six months to five years.

More significant amounts can carry a penalty of three days to six months imprisonment, plus a driver’s license suspension of six months to three years.

Ohio residents have access to hemp-derived delta 8 or delta 10 THC as a legal alternative.

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.

Delta 8 THC and delta 10 THC remain legal in Oklahoma for the time being.

Oregon

Is marijuana legal in Oregon?

Yes!

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

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

Pennsylvania

Is marijuana legal in Pennsylvania?

No!

The law in Pennsylvania is quite strict concerning the use, possession, and sale of marijuana.

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.

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. 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?

No!

Marijuana is legal for medical use in Rhode Island. However, possession of less than one oz. of the plant is a civil offense, with a fine of up to $150. More than 1 oz, but less than 1 kg, can result in up to 1 year in prison, with a maximum fine of $500.

On the other hand, a conviction for sale or cultivation of more than 5 kg. can result in a life sentence.

South Carolina

Is marijuana legal in South Carolina?

No!

Possession, use, sale, or cultivation of marijuana 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 are subject to the same laws as CBD and are legal within South Carolina.

South Dakota

Wooden judge hammer with hemp buds and a laptop at the back

Is marijuana legal in South Dakota?

No!

Dakota prohibits the sale, possession, use, and cultivation of marijuana. It also does not approve prescriptions from other states.

Selling more than one-half ounce of marijuana is a felony that carries a mandatory 30-day prison sentence. In addition, any amount of marijuana found in an automobile could result in a 90-day license suspension for the first offense. Fines for sale can be up to $15,000 or a minimum of 15 years in prison.

The best legal weed alternative in South Dakota is hemp-derived delta 8 or delta 10 THC.

Tennessee

Is marijuana legal in Tennessee?

No!

In Tennessee, marijuana is illegal, even for medical use. Possession or casual exchange of less than 5 oz is a misdemeanor, including school attendance for drug offenders, and a minimum fine of $250. Casual exchange by an adult to a minor is two years in prison. Possession of 20 plants to 99 plants is considered a felony with fines up to $100,000.

Sales can carry up to $500,000 in fines, depending on the amount.

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

Texas

Is marijuana legal in Texas?

No!

Although Texas is still a state where marijuana is illegal, you can use it for medical purposes. 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.

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 is, delta 8 and delta 10 THC remain the best legal alternatives in the state of Texas.

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.

Vermont

Is marijuana legal in Vermont?

Yes!

Vermont was one of the first U.S. state to legalize medical cannabis. 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.

Virgin Islands

Is marijuana legal in the Virgin Islands?

No!

Since 2019, marihuana’s medicinal use has been legal in the Virgin Islands. However, recreational marijuana remains illegal. In addition, only possession of less than one ounce is non-punishable.

For medicinal use, patients over 21 can purchase cannabis at any dispensary under a license.

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

Virginia

Is marijuana legal in Virginia?

No!

In Virginia, recreational use of marijuana is legal. However, you’re only allowed to possess up to 1 oz or four mature plants per household.

You can’t have more than 1 oz of marijuana for medicinal use unless you have a valid prescription.

If the minimum amount is exceeded, penalties can be up to 12 months imprisonment or fines of up to $2500.

Alternatively, residents in Virginia can order delta 8 or delta 10 products legally (hemp-derived only).

Washington

hand showing hemp leaf against sky with sunlight

Is marijuana legal in Washington?

Yes!

Washington was one of the first states to legalize the recreational and medical use of marijuana. 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.

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. On the other hand, adults can have up to 60 grams of marijuana and grow up to six plants at home.

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

West Virginia

Is marijuana legal in West Virginia?

No!

In West Virginia, only the use of cannabis for medicinal purposes is legal.

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 alternatives like delta 8 or delta 10 THC are legal in West Virginia.

Wisconsin

Is marijuana legal in Wisconsin?

No!

In Wisconsin, only the use of cannabis for medicinal purposes is legal, and possession carries penalties of up to 6 months imprisonment and fines of $1000.

However, the medical use of marijuana appears to be increasingly permissible in this state, as its use is increasingly present in political debates.

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 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.

The legal marijuana alternative in Wyoming is hemp-derived delta 8 or delta 10 THC.

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

The United States seems to be getting closer and closer to the legalization of cannabis, as more and more states are legalizing it 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.

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