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U.S. States Where Weed is Legal

August 25, 2023

If you’re a weed-lover you’ve likely been following the proposed bills for legalization. With the recent spate of legislative changes, many people are unsure if they live in one of the states where weed is legal. 

Join us as we delve into the latest knowledge about states where marijuana is legal.

According to the federal government, weed is still a prohibited substance in the USA despite the increase in the amount of cannabis legal states.

You can serve time in federal prison or face a hefty fine if the feds catch you with a joint.

While cannabis enthusiasts tote the increase in states where weed is legal in 2021 as evidence that change is looming, this seems unlikely.

Earlier this year, President Joe Biden fired several White House employees after they admitted using cannabis.

Despite the increase in legal marijuana states, we’re unlikely to see federal legalization under the current political regime.

Biden has been a part of the war against cannabis use for many years and is unlikely to change sides now. 

What are the current federal marijuana laws?

Marijuana has been an illegal substance in the United States since 1937, when the government introduced the Marihuana Tax Act.

In 1970, the Controlled Substances Act only served to maintain weed’s illegal status.

Today, despite a nearly overwhelming number of states where weed is legal, the federal government still classifies marijuana possession as a crime.

Charges range from misdemeanors to felonies, depending on the amount and the intent of the person with the weed. 

Types of legalization

As lobbyists fight for the rights of marijuana users, we see several different types of drug reform. You might encounter any one of the following:

  • Prohibition:  Citizens may not cultivate, possess, or sell marijuana. You’ll encounter this in all states without legal marijuana.
  • Decriminalization: Decriminalized states aren’t the same as states where weed is legal. Decriminalization means the state has suspended charges for specific circumstances (i.e., possession of small amounts or first-time possession). 
  • Medical legalization: States with legal medicinal cannabis allow people to use marijuana for specific medical conditions. In most cases, the patient requires a prescription to possess and use weed legally.
  • Legalization: States where weed is legal allow people to smoke for medical or recreational reasons. Most legal states also allow smokers to grow their own.

    Even in states where recreational marijuana is legal, you may still encounter restrictions on how much cannabis you can legally possess and where you can smoke it. Even though cannabis use is legal in some states, it may not be allowed on a college campus.

Map of marijuana legality by state

As the scale slowly shifts in favor of states with legal marijuana, the status of many places has become obscure.

Alabama 

Marijuana is currently only legal for medicinal use in the form of CBD oil for minors with epilepsy. Alabama has strict drug laws, and marijuana is classified as a Schedule I controlled substance.

Therefore, it's important to note that the purchase, possession, or cultivation of cannabis seeds in Alabama is not permitted under current state law.

Alaska 

Fully legal. The law for 2023 is the following:

  • Residents of Alaska are permitted to possess and use marijuana within the legal limits for both medical and recreational purposes.
  • To purchase cannabis without a prescription, Alaska residents must be 21 years of age or older. Medical marijuana is accessible to all registered patients, and minors with qualifying conditions can obtain prescribed cannabis under the supervision of their caregivers.
  • Both recreational and medical users in Alaska are allowed to purchase up to one ounce of marijuana.
  • In Alaska, residents have the privilege to cultivate up to six cannabis plants on their private properties.
  • Violations of Alaska's marijuana laws carry penalties that range from misdemeanors to felonies, depending on the severity of the offense.

Arizona 

Legal for personal use. Adults may possess up to 1 oz. or grow up to 6 plants.

Arkansas 

In Arkansas, the cultivation of marijuana is restricted to licensed medical marijuana cultivators. The state's medical marijuana program has a limited number of licenses available for cultivation facilities, and the application process is subject to strict regulations.

Unauthorized individuals who engage in marijuana cultivation in Arkansas can face severe legal consequences. Possessing less than four ounces of marijuana is classified as a misdemeanor offense and carries a potential penalty of up to one year in jail and a fine of up to $2,500. Possession of more than four ounces is considered a felony offense, leading to more severe penalties, including imprisonment for up to six years and fines of up to $10,000.

It is crucial for individuals to be well-informed about the laws and regulations governing marijuana cultivation in Arkansas. Before growing the plant, one must obtain the necessary licenses and permits. Those interested in cultivating medical marijuana should consult the Arkansas Department of Health and the Arkansas Medical Marijuana Commission to acquire detailed information about the application process and requirements.

California

Legal for personal or medical use. Adults may possess up to 1 oz. or grow up to 6 plants.

Colorado

Legal for personal or medical use. Adults may possess up to 1 oz. or grow up to 6 plants.

Connecticut 

Fully legal. Adults 21 and older in Connecticut may possess up to 1.5 ounces of marijuana. They can also purchase up to a quarter ounce of weed as of January 2023. 

Medicinal and recreational users over 21 may grow up to six cannabis plants at home. Only three can be mature, while the others must be immature at any given time. These laws took effect in July 2023.

Delaware 

Legal for medical and personal use. Patients may possess up to six ounces. House Bill 1 and House Bill 2 introduced the new legislation in April 2023. 

Adults over 21 may possess up to an ounce of weed. The regulations authorize 30 marijuana outlets in the state.

Cultivating marijuana seeds in Delaware for recreational or medical purposes is still illegal.

Can you buy marijuana seeds in Delaware?

It’s possible to purchase ungerminated seeds as collector’s items. The laws don’t classify them as drugs in this form. It’s completely legal to possess them as long as you don’t germinate and grow them. Medicinal and recreational users must buy cannabis from a licensed, legal dispensary.

Florida 

Legal for medical use by qualifying patients, who may possess strains with more low THC and high CBD. Terminally ill patients may possess higher-THC strains purchased through licensed medical dispensaries. Possession of less than 0.7 ounces is decriminalized.

Georgia 

Medical CBD oils are legal. Patients can possess up to 20 oz. Must contain THC of no more than 5% and a higher CBD content.  

Hawaii

In Hawaii, medical marijuana is legal. Patients may possess up to four ounces and grow up to seven cannabis plants.

At the beginning of the 2023 session, Senator Joy San Buenaventura of Hawaiʻi Island introduced Senate Bill 669, which aims to permit the possession of recreational cannabis in "small amounts."

Advocates of the bill, such as Ty Cheng, the president of the Hawaiʻi Cannabis Industry Association, highlight that states that have legalized cannabis have witnessed a decrease in opioid use, reduced reliance on prescribed painkillers, and a decline in alcohol consumption.

If passed, the law would also allow individuals to cultivate up to six cannabis plants. However, it specifies that the plants must be stored in an enclosed and locked space.

Idaho

Illegal for any use.

Illinois 

Legal for medical and personal use. Recreationally, adults may legally possess up to 1 oz. Medically, patients may possess 2.5 oz. per 14-day period, and grow up to five mature plants.

Indiana

CBD products with less than 0.3% THC and at least 10% CBD are legal. 

Iowa 

Medical CBD legal. In Iowa, farmers have the opportunity to apply for a license to cultivate hemp. However, it is recommended that growers conduct thorough research and ensure the existence of a viable and profitable market for commercial hemp production before investing in equipment and seeds in Iowa.

It's important to note that while this program allows for commercial hemp production, it does not legalize the use of cannabidiol (CBD) for human consumption, extraction, or processing in Iowa.

Kansas 

In Kansas, it is strictly illegal to grow cannabis seeds. There are no exceptions to this rule. The only possibility to comply with the law is to obtain CBD products that contain 0% THC. Engaging in the purchase and cultivation of cannabis seeds can lead to imprisonment and significant fines.

Here are the rules and regulations governing the possession of marijuana in Kansas, also known as the Sunflower State.

Kentucky 

CBD oil is legal for epilepsy patients only.

Louisiana

Non-smokable medical CBD legal.

Maine 

Medical marijuana legal. Patients may possess up to 2 oz. and grow up to six mature cannabis plants.

Maryland

Cannabis is legal for recreational and medicinal use as of July 1, 2023. Adults 21 years and older may possess 1.5 ounces of weed and cultivate up to two plants at home. These crops can’t be visible to the public. 

Medicinal patients and caregivers must be over 18. They also need to register with the division administration.

Massachusetts

Legal. Adults may grow up to five plants, and possess up to 1 oz. for personal use (10 oz. at their homes).

On May 2, the Massachusetts Cannabis Control Commission granted approval for the sale of cannabis seeds and clones (known as clippings). This decision allows licensed retailers, delivery operators, and medical treatment centers to engage in such sales.

State regulators emphasize the importance of familiarizing oneself with the safety guidelines for home cultivation of cannabis seeds in Massachusetts, especially when using high-powered lamps. Prioritizing safety is a top concern for the Commission, as stated by Executive Director Shawn Collins.

Michigan 

Legal. Adults may grow up to 12 plants, and possess the harvests of those plants. Non-growers may possess up to 2.5 oz. for personal use and up to 10 oz. at their homes.

Minnesota

Marijuana is legal as of August 1, 2023. Adults over 21 may buy cannabis seeds in Minnesota. They can cultivate up to eight weed plants for personal use. The clause is that only four of these may be flowering simultaneously. 

Retail stores face a delay. They’ll only be operational when the state Office of Cannabis Management sets up their licensing system. It may only come into effect in 2025.

Mississippi 

Medical CBD legal for intractable epilepsy. No more than 15% CBD, and no more than 0.5% THC.

Missouri

Fully legal. Adults 21 years and older can purchase marijuana from a dispensary without a medical card. These products include joints, flowers, edibles and other cannabis items. 

Montana 

Legal. In Montana, residents have the permission to cultivate and possess up to two mature marijuana plants and two seedlings in their homes. It is important to ensure that these plants are not visible to the public, as failure to conceal them can lead to a civil fine of up to $250 and forfeiture of the plants.

House Bill 701 indicates that residents may possess more than one ounce of homegrown marijuana at home, provided it is stored in a locked container and remains out of public view. Feel free to order seed in this state for home cultivation.

Nebraska 

Illegal with possession of small amounts now decriminalized.

Nevada 

Legal. You may possess up to 1 oz. for personal use.

In 2017, Nevada legalized the recreational use of cannabis. This means that individuals who are 21 years of age or older can legally buy up to one ounce of cannabis from licensed retailers in the state.

Alternatively, if there is no retailer conveniently located near their property, adults can cultivate up to six cannabis plants at home. It is important to note that certain regulations and guidelines are in effect. For instance, public use of cannabis is strictly prohibited and can result in fines or penalties. So, feel free to buy seeds in Nevada and enjoy dense buds.

New Hampshire 

Medical marijuana legal. Patients may possess up to two ounces. The first three charges of possession have been decriminalized and are now misdemeanors.

New Jersey 

Legal. Adults may possess up to 6 oz. It is advisable to stay updated on the latest developments in New Jersey's cannabis laws and regulations, as changes in legislation could potentially impact the legality of cannabis seeds in New Jersey.

New Mexico

Legal. Adults may possess up to 2 oz.

New York

Legal. Adults may possess up to three ounces. You can purchase marijuana at dispensaries with effect from December 2022.

North Carolina

Medical CBD legal for intractable epilepsy. CBD content must be at least 5%, and the THC content can’t be more than nine-tenths of a percent.

In North Carolina, it is still possible to purchase marijuana seeds. However, it's important to note that these seeds are classified as adult souvenir novelties, and their legality is contingent upon them remaining ungerminated or dormant.

By beginning your collection of marijuana seeds in North Carolina early, you can ensure that you have all the necessary items once the state eventually legalizes home cultivation.

North Dakota

Medical marijuana legal. Patients may possess up to 3 oz. purchased from a legal dispensary.

Ohio 

Medical marijuana is legal. Possession of small amounts has been decriminalized.

Oklahoma

Medical marijuana legal. The Oklahoma state legislature is currently processing 27 bills that pertain to the state's medical marijuana industry. This year, significant regulatory adjustments may be implemented to Oklahoma's medical marijuana sector.

These bills have successfully passed in their respective houses of origin. While some of the proposed measures raise new concerns, others aim to address existing issues, such as seed-to-sale expenses and inconsistent lab test outcomes.

Patients may possess up to 8 oz. of dried flower (at home). They can also have up to 1 oz. of concentrate, 72 oz. of edibles, and 3 oz. on their person. Growers may possess six seedlings and six mature plants at any time. Although it is possible to acquire cannabis seeds in Oklahoma from various sources, it is important to note that cultivation of cannabis remains prohibited in Oklahoma.

To obtain a medical marijuana cultivation license in Oklahoma, applicants are required to pay a non-refundable fee of $2,500 for each proposed cultivation location.

Oregon

Fully legal. You may possess up to one ounce. Walk-in sales at dispensaries are now also legal.

Pennsylvania 

Fully legal. With effect from December 2022, adults 21 years and older can purchase up to one ounce of weed. Patients may possess 2.5 ounces, 12 seedlings, and 12 plants. Growers may possess up to ten ounces of usable marijuana. Possession of less than 35 ounces has been decriminalized.

Rhode Island

Medical marijuana legal. Patients may possess 2.5 oz., 12 seedlings, and 12 plants. Growers may possess up to 10 oz. of usable marijuana.

South Carolina

In South Carolina, the use of THC remains completely illegal. Unlike some other states that allow exceptions for medical purposes, where individuals with qualifying health conditions can obtain a prescription for medicinal marijuana from their doctor, South Carolina does not provide such allowances.

Given that both recreational and medical marijuana use are prohibited, it becomes crucial for residents to be aware of their rights in order to prevent unintentional violations of state criminal laws. The legal consequences for marijuana possession can be severe, with defendants potentially facing significant penalties if convicted, such as imprisonment and substantial fines.

Individuals who are found in possession of 1 ounce (28 grams) or less of marijuana can face charges of simple possession. In South Carolina, this offense is considered a misdemeanor and can lead to penalties of up to 30 days of imprisonment and fines ranging from $100 to $200.

Marijuana manufacturing encompasses activities such as cultivating, processing, or producing marijuana plants with the intent to distribute or sell the substance. In South Carolina, engaging in marijuana manufacturing is classified as a felony offense. If convicted, individuals can face imprisonment for up to 5 years and fines of up to $5,000. So buying seeds of weed in South Carolina is risky.

South Dakota

Medical marijuana legal. Patients may possess 3 oz. and three plants. In South Dakota, it is permissible for a cardholder, nonresident cardholder, or a medical cannabis establishment registered in another jurisdiction to sell or provide clones or cannabis seeds in South Dakota to a cultivation facility.

Tennessee

Over the past decade, the legislature in Tennessee has examined various medical cannabis bills. However, as of 2023, there is currently no legal avenue to obtain cannabis products in the state with a THC level exceeding 0.3%. We offer only these cannabis seeds in Tennessee that you can buy legally.

Texas 

Medical CBD legal. CBD content must be at least 10% and the THC content can’t be more than one-half of a percent.

Utah 

Medical marijuana legal. Patients may possess approximately 4 oz. over a 60 day period. So you may purchase seeds in Utah.

Update!

During the 2023 legislative session, the state of Utah passed HB227, a bill that introduces important changes to the hemp program. The bill, which goes into effect on May 3, 2023, includes several significant updates that are outlined below:

  1. The definition of a cannabinoid product has been revised, impacting the permissible amounts of THC and THC analogs in products. The new definition specifies that a cannabinoid product:

(a) contains one or more naturally occurring cannabinoids; (b) has a THC level, by dry weight, that is below a certain threshold; (c) has a combined total THC and THC analog content that does not exceed 10% of the total cannabinoid content; and (d) does not exceed specific limits, such as 5 milligrams per serving and 150 milligrams per package.

  1. UDAF has the authority to establish immediate rules to ban or restrict the presence of any substance in a cannabinoid product following a recommendation from a public health authority.
  2. Cannabinoid products intended for inhalation, such as vaporizers, must feature a warning on their labels about potential health effects associated with inhaling such products.
  3. When applying for product registration, a cannabinoid profile Certificate of Analysis (COA) from the UDAF Laboratory will be required in addition to the full panel COA, which may come from a third-party laboratory. Starting from July 1, 2023, this new requirement will be in place.
  4. Beginning May 3, 2023, it will be illegal to knowingly or intentionally sell or give a cannabinoid product containing THC or THC analogs to individuals under the age of 21. This restriction applies only to products that contain THC or THC analogs. Although previous communication from the Department mentioned record-keeping requirements for retailers, the Department is currently not enforcing this requirement for age verification.

Vermont 

Fully legal. You may possess up to one ounce for personal use and two ounces for medical use. The sale of marijuana has been legal since October 2022. Only individuals 21 years and older with a valid ID can make purchases of up to one ounce.

When it comes to purchasing cannabis flower, there are purchase limit equivalencies in place. In many jurisdictions, the limit is set at 1 ounce of cannabis flower. To understand the conversion from ounces to grams, the basic equivalency is as follows:

  • 1 ounce is equivalent to 28.34 grams.
  • Additionally, 1 gram is equivalent to 1000 milligrams (mg).

In Vermont, the cultivation, sharing, and consumption of cannabis have been legal since 2022. However, the state has now progressed into a new phase with the opening of cannabis retail stores, also known as recreational dispensaries. If you are planning a trip to Vermont and thinking about including legal cannabis products in your picnic basket, mind buying high-quality seeds in this state.

Virginia

Legal - may possess up to 1 oz. for personal use and 4 oz. (per 30-day period) for medical use. Personal cultivation of up to four plants at home is also allowed. 

Washington

Legal, may possess up to 1 oz. for personal use and 3 oz. for medical use.

West Virginia

In West Virginia, the purchase of marijuana is illegal, and the state law categorizes its sales as a felony offense. Consequently, there are no legal avenues to buy marijuana within the state. The penalties for selling cannabis are severe, with mandatory prison sentences ranging from one to five years for any quantity.

Offenders also face a fine of $15,000 in addition to imprisonment. The same punishments apply to those involved in trafficking or possessing marijuana for the purpose of selling. However, it is worth noting that the purchase of cannabis seeds is permitted in West Virginia as long as they are kept in their ungerminated state.

Wisconsin

Medical CBD legal as long as it doesn’t involve a psychoactive effect.

Wyoming  

Specially-prepared Medical CBD legal for intractable epilepsy.

Marijuana legalization FAQs

Apart from ‘How many states is marijuana legal in?’, questions abound about legalization.

We’ve gathered your frequently asked questions about legal cannabis states and answered them below.  

What are the pros and cons of marijuana legalization?

As with any serious consideration, there are advantages and disadvantages to cannabis legalization.

Prohibitionists often tote increases in cannabis abuse as a disadvantage. Studies have shown that reasoning to be a myth and record decreased marijuana use in states with legal weed.

Here are a few documented disadvantages to marijuana legalization:

  • Cannabis use can trigger certain mental disorders among vulnerable people.
  • Legalization opens the door to more accidental exposures among children. There’s been a marked increase of such emergencies in states with legal marijuana.
  • There’s vast potential for negative physical side effects among the medically vulnerable.
  • Populations that are vulnerable to addiction disorders may misuse cannabis.

The potential benefits far outweigh the disadvantages. Here are just a few advantages for cannabis legal states:

  • A significant increase in tax revenue (up to billions of dollars).
  • Decreases in cannabis prices.
  • More police focus on significant crimes.
  • Less money spent on prosecuting marijuana possessions.
  • Increased property valuations (many homes within a 1-mile radius of a dispensary have seen up to an 8% increase in value).
  • Job creation.
  • Less profit for gangs and cartels.

Is marijuana legalized?

According to federal law, cannabis is still an illegal substance, but each state can make an independent ruling regarding marijuana use. There are now many states where medical weed is legal. 

We have reached a turning point in the fight for cannabis legalization. Many states that previously didn’t tolerate marijuana use now allow medical cannabis consumption. Other regions that previously only allowed medical use have become states with legal recreational marijuana.

While we hope to see all 50 states legalize medical and recreational cannabis use, marijuana isn’t fully legalized yet. Multiple regions still need to change sides, as does the federal legislation.

How will marijuana legalization help the economy?

Many of the states where cannabis is legal earn significantly more than their weed-free counterparts. Few people understand the economic significance of legalizing marijuana.

Here are a few advantages:

  1. Removing prohibitions changes weed from an underground product (no reportable income government) to a taxable item (profit from sales directly to the government).
  2. Legalization opens the door for law-abiding citizens who enjoy ganja to buy these products.
  3. As with industries like the alcohol and tobacco trade, changing the legal status of potentially habit-forming substances opens the way for multi-million dollar businesses.

Through taxes, trade duties, and other forms of governmental income, states where weed is legal for recreational use experience significant economic advantages. Some states have the potential to earn several hundred thousand dollars every year.

How does legalizing marijuana reduce crime?

Evidence shows that states with legal cannabis have significantly less crime than their prohibitive counterparts.

Experts attribute this disparity to having removed a popular drug from the hands of cartels and gangs. Where marijuana is legal, there’s no real profit in smuggling it underground. 

The other side of the matter is that people no longer need to sneak about to get their fix. By eliminating the need for illegal bakehouses, dealerships, and similar institutions, the government limits the exposure of weed smokers to other forms of organized crime.

The most obvious answer is that legalizing weed removes the entire ganja community from the police radar. States where weed is legal free up their police force to pursue perpetrators of more significant crimes actively.

Does marijuana use increase with legalization?

Many legal forces claim that marijuana use increases with legalization, and it’s one of the strongest arguments against reform.

There hasn’t been evidence of a drastic rise in cannabis consumption in the states where weed is legal.

Some research has shown an increase of just over two percent among teenagers. At the same time, the overall cannabis use in states where recreational weed is legal shows a decrease of around 16%.

Most significant sources agree that legalization decreases rather than increases weed use.

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