Marijuana laws in each of the United States
Cannabis laws vary between states and countries. With the help of oberk.com,here’s a look at how each of the states treat the issue.
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In Alabama, CBD oil was decriminalized in 2016. Any other form of marijuana with THC is completely illegal in the state. The State of Alabama has some of the harshest marijuana laws in the United States: getting caught with any amount of cannabis can land you in jail for up to 20 years.
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In November 2014, Alaska legalized the production, sale and use of marijuana by adults 21 years of age or older. Under Alaskan law, individuals 21 years of age or older are allowed to possess up to one ounce (28 grams) of marijuana. Additionally, adults are allowed to lawfully possess up to six marijuana plants as long as three or fewer are mature and flowering.
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Unless you have a medical marijuana ID card issued by a marijuana doctor (a licensed M.D., D.O., M.D.(H), or N.D. from Arizona), you can not possess any. If you do have a medical marijuana card, you can possess up to 2.5 ounces every two weeks (14 days) and grow up to 12 plants.
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Recreational marijuana remains illegal in Arkansas, and the state is known for having some of the harshest marijuana laws in the nation. However, there are two proposals trying to make it to the 2020 ballot aimed at legalizing cannabis in the state.
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Adult use of cannabis is legal in California under Prop. 64, the Adult Use of Marijuana Act (AUMA), approved by the voters on Nov. 8, 2016. In general, AUMA allows adults 21 and over to possess, privately use, and give away up to one ounce of cannabis, and to cultivate no more than six plants for personal use at their residence. It also legalizes the commercial sale, distribution, and production of cannabis for adult use at state-licensed facilities beginning Jan. 1, 2018, under terms spelled out in the Medical and Adult Use of Cannabis Regulation and Safety Act (MAUCRSA) approved by the legislature in 2017. Local city and county governments can restrict or ban cannabis businesses in their jurisdiction.
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As long as you are 21 years or older, you have a constitutional right to possess and consume marijuana in Colorado. You will need a government-issued identification to prove you are 21 years or older: driver’s license or passport would be sufficient. Note that you don’t need to be a Colorado resident to possess recreational cannabis and there isn’t any type of registration system. Only residents who apply for medical marijuana cards need to register with the state. Medical patients may possess up to two ounces.
Recreational marijuana remains illegal in Connecticut, but the state passed comprehensive medical marijuana legislation in June and opened its program to minors. On June 2, the Connecticut Legislative Regulations Review Committee approved allowing medical cannabis to treat chronic pain — although it narrowly defined the term. The Board of Physicians recommended adding chronic pain as a qualifying condition on Sept. 27, 2019. Previously, Connecticut was the only state medical marijuana program that did not permit patients to treat chronic pain with medical marijuana.
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In response to the COVID-19 pandemic, Delaware’s medical cannabis program has allowed medical cannabis to be delivered to qualified patients and caregivers throughout the state. Under Delaware, law marijuana is a Schedule I drug. The legislation was approved in 2015 amending penalties for the possession of up to one ounce (28.35 grams) to a civil penalty, punishable by no more than a $100 fine. In 2019, legislation was approved expanding decriminalization to also include low-level possession offenses by juvenile offenders. The use of marijuana in public, or in a moving vehicle will remain a criminal offense.
District of Columbia
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As of 12:01 a.m., on Thursday, February 26, 2015, the possession of small amounts of marijuana is legal in the District of Columbia—in some circumstances—for adults 21 years of age and older. It is legal to possess two ounces or less of marijuana.
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Possession of 20 grams or less of marijuana in Florida is a misdemeanor punishable by a maximum sentence of one-year imprisonment and a maximum fine of $1,000. Possession of more than 20 grams of marijuana is a felony punishable by a maximum sentence of five years imprisonment and a maximum fine of $5,000.
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Georgia allows medicinal use of the drug as long as it’s low in THC and high in CBD. While possession for any other use remains illegal, some localities have decriminalization measures in place, replacing criminal penalties with civil fines.
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Hawaii became the 26th state to decriminalize possession of marijuana, a measure that took effect Jan. 11, 2020. The new law eliminated criminal penalties for possession of three grams or less of marijuana. Possession of those small amounts will only be punishable by fines of no more than $130.
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Cannabis in Idaho is illegal for all purposes, whether medical or recreational, and possession of even small amounts of it is a misdemeanor crime. In 2015, a bill to legalize CBD oil was passed by both houses of the Idaho Legislature, but was vetoed by then-governor Butch Otte.
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Consumers can buy marijuana for recreational use from licensed sellers, as of Jan. 1, 2020. Consumers aged 21 and older can buy marijuana products from licensed sellers in Illinois – with or without a medical marijuana card. Medical marijuana dispensaries are the only legal sellers of marijuana for recreational use in January 2020. In mid-2020, Illinois will grant additional licenses to dozens of new stores, processors, cultivators, and transporters.
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Indiana continues to lag behind the rest of the country on marijuana policy. It is one of 23 states that still impose jail time for simple possession of cannabis and one of only 17 that lacks a compassionate medical cannabis law. Under current law, possession of a single joint is punishable by up to a year of incarceration and a fine of up to $5,000.
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Marijuana is a Schedule I hallucinogenic substance under the Iowa Controlled Substances Act. For first offenders, possession of any amount of marijuana is a misdemeanor and is punishable by a fine of up to $1,000 and/or up to six months of imprisonment. Second offenders are subject to a fine of $315-$1875 and/or up to one year of imprisonment. Third offenses are considered aggravated misdemeanors and are punishable by a fine of $625-$6250 and/or up-to two years of imprisonment.
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In Kansas, possession of marijuana is a Class B misdemeanor punishable by a maximum of six months imprisonment and a maximum fine of $1,000 for a first-time offense. A second offense is a Class A misdemeanor. There is a rebuttable presumption of intent to distribute if possession is 450 grams or more, a drug severity level 5 felony punishable by a fine not to exceed $100,000 and a term of imprisonment ranging from 10 months of probation—42 months imprisonment. Kansas law explicitly exempts CBD (Cannabidiol) products containing zero percent THC from the state’s criminal definition of marijuana, making them legal to possess and sell per applicable licensing laws. No possession limits are specified in the law.
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Kentucky has historically not been open to cannabis legalization. It has yet to legalize medical marijuana or decriminalize marijuana possession; however, possession of small amounts and first-time offenses are dealt with relatively less harshly than other states where marijuana is illegal.
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Democratic Gov. John Bel Edwards signed a series of bills into law that greatly expanded patients’ ability to access medical cannabis products in 2020. The Governor signed House Bill 819, which expands the discretion of physicians so that they can recommend cannabis therapy for “any condition” that he or she “considers debilitating to an individual patient and is qualified through his [or her] medical education and training to treat.” The new law takes effect on Aug. 1, 2020. At that time, Louisiana will join a handful of other states — including California, Maine, and Virginia –- that have enacted similar measures to provide physicians with the ability to recommend medical cannabis preparations to any patient they believe may benefit from them.
Under Maine law, individuals 21 years of age or older are allowed to possess up to 2.5 ounces (70 grams) of marijuana. Additionally, adults are allowed to lawfully possess and cultivate up to three mature marijuana plants, 12 immature plants and unlimited seedlings.
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In 2013, Maryland enacted its state-approved medicinal marijuana program. However, Maryland would not see medical marijuana sales begin until the end of 2017. In Maryland, possession is based on a 30-day supply. The state imposes a cap of 120 grams (about four ounces) for possession at any time unless a patient receives a special determination from a physician stating that a 120 gram 30-day supply is inadequate treatment.
Similarly so, patients are limited to 36 grams of THC extract per month.
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Marijuana is legal in Massachusetts for people 21 and older. You can have up to one ounce on you and up to 10 ounces in your home.
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Michigan voters approved Proposition 1 in Nov. 2018 to allow recreational consumption of cannabis in the state, making it the first recreational state in the Midwest.
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The Minnesota statute lists marijuana as a Schedule 1 controlled substance. Possession of 42.5 grams or less is a misdemeanor punishable by a maximum fine of $200.
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Initiative 65 and Alternative 65A would amend the Mississippi Constitution to establish a medical marijuana program in Mississippi for individuals with a debilitating medical condition. Initiative 65 and Alternative 65A, two versions of a medical marijuana amendment, will appear on the ballot in Mississippi on Nov. 3, 2020.
Although recreational marijuana use remains illegal in Missouri, the drug is now completely legal for medical use. In November 2018, Missouri voters passed Amendment 2, legalizing medical marijuana statewide. Although medical marijuana remains legal in Missouri, recreational use is still illegal.
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Marijuana is a Schedule I hallucinogenic substance under the Controlled Substances Chapter of the Montana Code Annotated. It is also considered a dangerous drug. Montana has a relatively new medical program, but possession of more than 60 grams is a felony. Initiative No. 148 allows for use with the following conditions: Cancer; glaucoma; HIV/AIDS; any chronic, debilitating disease causing wasting syndrome, severe or chronic pain, severe nausea, seizures, or muscle spasms.
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Both medical and recreational marijuana has been illegal in Nebraska since 1927. The Cornhusker State has decriminalized the possession of a small amount of marijuana. First offense possession of 1 ounce or less of marijuana is subject to an infraction and punishable by a fine of up to $300 and a possible drug education course.
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As of Nov. 8 2016, both recreational and medical marijuana are legal in Nevada. Recreational consumers who are 21 years of age and older can now purchase up to one ounce of cannabis (or up to 1/8 ounce of concentrate) at a time.
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New Hampshire decriminalized marijuana. There is no prison time or criminal record for first-time possession of a small amount for personal use. The conduct is treated like a minor traffic violation.
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Adults ages 18 and older may purchase medical marijuana from ATCs, as long as patients have a physician’s recommendation. New Jersey medical marijuana patients may only consume cannabis in the privacy of their homes.
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Patients and caregivers can only purchase medical cannabis from state-licensed nonprofit producers. If patients are unable to make purchases themselves, a caregiver can purchase and deliver medical cannabis on their behalf. Additionally, state-licensed delivery services are available to patients for cannabis purchases.
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Is weed legal in New York? No, recreational use is not approved, even though 62% of voters support legalization. Decriminalization has begun in the state, though, with possession of fewer than eight ounces being a misdemeanor rather than a felony. Also, there are currently regulations allowing medical marijuana use for the following conditions: Cancer; HIV/AIDS; ALS; Parkinson’s disease; Multiple sclerosis (MS); spinal cord injury with spasticity; Epilepsy; IBS; Neuropathy; Huntington’s disease; PTSD; chronic pain that degrades health and functional capability (as an alternative to opioid use); ny severe debilitating or life-threatening condition that causes wasting syndrome, severe or chronic pain, severe nausea, seizures, severe muscle spasms, PTSD, or opioid use disorder.
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CBD oil is the only form of legal weed in North Carolina, and it’s only available to those with intractable epilepsy. That being said, the state has committed to decriminalizing possession of small amounts (1.5 ounces or less is a misdemeanor).
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North Dakota has a medical marijuana program and has decriminalized possession of small amounts. In 2019, the first dispensaries opened. So far, conditions such as cancer and its treatments, human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS), Alzheimer’s disease, dementia, or the treatment of these conditions, Glaucoma, and epilepsy have been approved for medical marijuana use
Ohio has decriminalized small amounts of marijuana and has legalized medical use.
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In 2018, the state legalized the medical use of cannabis. It now has one of the largest programs in the nation. This is possible because the program requires an application rather than any specific medical conditions.
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Weed is fully legal in Oregon, with a limit of four plants per household. Visitors can buy up to one ounce of usable marijuana, five grams of extracts or concentrates, 16 ounces of solid cannabinoid product, 72 fluid ounces of any liquid cannabinoid product, 10 marijuana seeds, or four immature marijuana plants.
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Several cities have decriminalized possession of small amounts of pot, like Pittsburgh and Philadelphia, PA. Medical marijuana is available for certain conditions.
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Puerto Ricans looking to access medical marijuana must go through an application process that may take weeks and requires a $100-150 fee. Once completed, a patient is entered into a database with the Puerto Rican Department of Health and is only permitted to purchase from their nearest storefront dispensary. While it’s still illegal to smoke marijuana on the island, patients are allowed to consume other forms, but not in public.
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The state has decriminalized possession of less than one ounce, but any more than an ounce can result in a felony. Patients, caregivers, and authorized purchasers can obtain cannabis from state-licensed compassion centers.
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Only CBD oil with less than 0.9% THC is allowed for medical use, and that is only specifically allowed for children with severe epilepsy. Possession of one ounce or less is a misdemeanor, but any more is a felony.
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People from all over the world travel to South Dakota to see Mount Rushmore, but no one travels there for medical or adult-use marijuana. It is illegal. Possession of two ounces or less is a misdemeanor, and any more than that is a felony.
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CBD with less than 0.9% THC is technically available to those with certain conditions, like epilepsy. Still, the law does not offer the opportunity to buy the oil legally within the state. Some municipalities have pushed toward decriminalization, like Nashville and Memphis, but there is a long way to go as far as weed law reform is on ice until 2020.
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Marijuana is not legal in Texas. Only CBD oil with less than 0.5% THC is legal for medical use, and only for those with serious seizure conditions.
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Utah has a somewhat restrictive medical program for marijuana use, allowing use for those with conditions such as HIV or acquired immune deficiency syndrome (AIDS), Alzheimer’s disease, cancer, and Autism. Patients can also petition a “compassionate use” board to qualify.
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Pot is legal in Vermont, with a limit of two mature plants and four immature plants within the home, but it is not legal for retail sales. Medical marijuana is available for sale.
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Marijuana is not legal in the Old Dominion. Possession of CBD extracts high in CBD and low in THC is allowed for medical conditions approved by a physician.
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Washington was one of the first two states (the other being Colorado) to fully legalize recreational weed. It’s been legal since 2012. Home growing remains illegal except for medical purposes. Adults age 21 and older can get up to one ounce of useable marijuana, 16 ounces of edibles in solid form, 72 ounces in liquid form, and 7 grams of liquid concentrate at a time.
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Patients can purchase only from dispensaries licensed by the Bureau of Health. Patients and caregivers may purchase and possess no more than a 30-day supply at any given time, per the requirements specified on a physician’s certification.
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As of now, CBD oil is the only available form of marijuana for seizure-causing conditions, though motions toward decriminalization and reform have been made by the governor and rebuffed.
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While Wyoming technically allows the use of CBD oil to treat seizures, it provides no means to access it inside the state legally. In 2018, rather than moving toward decriminalization, the legislature tried to increase marijuana penalties.