what states are recreational marijuana legal

Where Is Weed Legal?

Even as Americans grow more divided politically, cannabis continues to gain ground with every election cycle—five states legalized weed this year, four of them for recreational use. That brings the number of states where recreational use is permitted to 15; cannabis (as opposed to THC-free CBD) is still wholly illegal in 14 states. Every other state falls somewhere in-between.

Of course, weed is also still illegal at the federal level. It’s classified as a Schedule I drug under the Controlled Substances Act, putting it in the same category as heroin and other drugs considered to have “no medical use” and a high potential for abuse and dependence. Though efforts are underway to change the classification , for now, state laws simply allow exemptions for certain uses.

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Here’s a rundown of where weed is legal for recreational and medical use (and where it isn’t).

States that legalized weed in November 2020

Five states had marijuana measures on the ballot in this year’s election—and all five approved weed by a solid margin.

  • Arizona:Prop 207 legalized marijuana growth, possession, and sales for those over 21. It will also expunge some past marijuana-related criminal offenses. Arizonans will be allowed to grow and possess limited amounts of weed after Nov. 30 , and the state expects to begin sales by April 20, 2021.
  • Mississippi: Initiative 65 launches a medical marijuana program in Mississippi for 22 health conditions . The law takes effect in August 2021.
  • Montana: While Montana already allowed medical marijuana, Initiative 190 legalized possession, recreational use, and sales to adults over 21. It also permits those convicted of weed-related crimes to apply for resentencing or expungement. Most of the measure will take effect on Oct. 1, 2021 . The initiative has overwhelming support, but not all news outlets consider it final as of this writing.
  • New Jersey:Question 1 legalized recreational weed for adults 21 and older, and New Jersey’s existing medical marijuana dispensaries will be allowed to sell to the general public as soon as lawmakers pass a bill covering regulations. Implementation won’t be immediate, but state senators have said they expect to move quickly.
  • South Dakota: South Dakota passed two ballot measures—one establishing a medical marijuana program and the other legalizing weed possession, use, transport, and distribution for all adults. The latter, Amendment A , will take effect on July 1, 2021 , though it could take longer to license dispensaries. The measure does not permit people to grow weed at home if there is a dispensary in their district.

States that have legalized recreational marijuana

In 15 states , including 2020’s new additions, weed is treated like alcohol—it’s legal for adults (21 and over) to purchase and is regulated and taxed by the government. The specifics of what you can purchase and possess (and where) vary a bit by state. These states also have medical marijuana.

  • Alaska
  • Arizona
  • California
  • Colorado
  • Illinois
  • Maine
  • Massachusetts
  • Michigan
  • Montana
  • Nevada
  • New Jersey
  • Oregon
  • South Dakota
  • Vermont
  • Washington

Recreational weed is also legal in Guam and the Northern Mariana Islands.

Areas that have legal weed but no sales

In the District of Columbia, it’s legal to possess and grow limited amounts of weed, but there are no commercial sales outside of medical marijuana from a limited number of licensed dispensaries.

States that have medical cannabis laws

A number of states have legalized medical marijuana but do not allow broader recreational use.

  • Arkansas
  • Connecticut*
  • Delaware*
  • Florida
  • Hawaii*
  • Louisiana
  • Maryland*
  • Minnesota*
  • Mississippi*
  • Missouri*
  • New Hampshire*
  • New Mexico*
  • New York*
  • North Dakota*
  • Ohio*
  • Oklahoma
  • Pennsylvania
  • Puerto Rico
  • Rhode Island*
  • Utah
  • Virginia*
  • West Virginia

*According to the Marijuana Policy Project, these states have also decriminalized marijuana, reducing or removing jail time for possession of limited amounts of weed.

States that have decriminalized weed

Nebraska and North Carolina have laws that decriminalize marijuana to a degree, meaning penalties for first-time possession of small amounts of weed are reduced. Both have a suspended sentence for a first offense—Nebraska imposes a fine and a possible drug education course. Medical marijuana legislation has failed in both states.

States that have, well, (almost) nothing

The remaining states do not permit broad medical or recreational marijuana—nor is weed decriminalized—though all except for Idaho allow access to low-THC products containing CBD for medical use.

  • Alabama
  • Georgia
  • Idaho
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • South Carolina
  • Tennessee
  • Texas
  • Wisconsin
  • Wyoming

An earlier version of this story included a graphic with errors. Washington and Vermont were incorrectly listed as states with legal medical marijuana rather than legal recreational use. Virginia was incorrectly categorized as having no medical marijuana program, but its first dispensaries opened in 2020.

Even as Americans grow more divided politically, cannabis continues to gain ground with every election cycle—five states legalized weed this year, four of them for recreational use. That brings the number of states where recreational use is permitted to 15; cannabis (as opposed to THC-free CBD) is still wholly illegal in 14 states. Every other state falls somewhere in-between.

All the states where marijuana is legal — and 5 more that just voted to legalize it

Marijuana legalization is spreading around the US.

Since 2012, 15 states and Washington, DC, have legalized marijuana for adults over the age of 21. And 36 states have legalized medical marijuana — meaning that a majority of Americans now have some form of access to marijuana, whether medically or recreationally.

Four more states — New Jersey, Arizona, Montana, and South Dakota — just voted to legalize recreational cannabis, though it won’t become legal immediately. On top of that, voters in Mississippi backed the creation of a medical cannabis program.

Though Canada legalized marijuana federally in 2018, the US has not followed suit, forcing states to chart their own courses. As it stands, marijuana is still considered an illegal Schedule I drug by the US federal government. The House in September was set to vote on a bill to legalize marijuana and expunge the records of those convicted under previous laws, the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, though the vote was punted to after the election.

Joe Biden’s projected victory in the presidential election could give marijuana a bigger boost in the US.

Biden has said he would support federal decriminalization of the drug. Vice-president-elect Kamala Harris sponsored a previous version of the MORE Act in the Senate. A Democratic administration would sign that — or a similar legalization bill — into law if passed in the House and Senate.

Control of the Senate remains unclear. If Republicans maintain control, federal legalization is unlikely, because Senate Majority Leader Mitch McConnell is vocally opposed.

House Democrats included a provision in the recent stimulus bill, the SAFE Banking Act, that allows cannabis companies to access banking and financial services much like any other company so they don’t have to rely on cash transactions. It remains to be seen whether it will be included in the final legislation.

Despite the political back-and-forth, most Americans want legal marijuana, according to recent polls. Sixty-seven percent of Americans polled by Pew Research said marijuana should be legal, with only 32% in opposition.

All the states where marijuana is legal:

This article was first published in January 2018 and has been updated with new information about where cannabis is legal. Melia Russell contributed to an earlier version of this report.

Marijuana is legal for all adults in 11 states, and for medical purposes in 34. Five more states just voted to legalize it.