Skip to Main Content

Marijuana Law in the United States: Legalized Marijuana for Recreational Use

States and Districts with Legalized Marijuana for Recreational Use

ALASKA

Adults 21 and older may:

  • possess, use, display, or purchase up to 1 ounce of cannabis.
  • Possess, grow, process, or transport not more than six marijuana plants.
  • Out of the six plants, not more than three are allowed to grow to maturity, i.e. the stage of flowering and production of seeds.
  • Possess, grow, and process not more than 12 marijuana plants in a single premises occupied by more than one person aged 21 and over.
  • Out of the 12 plants, not more than six are allowed to grow to maturity, i.e stage of flowering and production of seeds

Adults may consume cannabis:

  • on private property out of public view
  • specially designated marijuana retail stores
  • licensed social lounges

      May not consume on:

  • Federal or public land
  • In public spaces
  • It is illegal to drive under the influence of any amount of marijuana
  • Adults 21 and older may share up to 3 ounces of cannabis flower and 24 grams of concentrated cannabis for personal use
    • May not trade or sell any amount of cannabis
  • May grow up to 6 cannabis plants in home for personal use (3 mature plants and 3 immature plants)
    • Possession of any cannabis produced from those plants is legal as long as it does not leave the same premises. 
    • Plants must be out of public view, secured from unauthorized access, and cultivated on lawfully possessed property.
  • It is legal to transport one ounce of marijuana and no more than six marijuana plants. Marijuana must be kept in a child-proof container that is out of reach of the driver.  Transporting marijuana in open containers is illegal. It is illegal for passengers to possess and open container or to consume cannabis in a vehicle.
  • Exporting marijuana across state lines is strictly illegal.

SOURCE: Alaska Marijuana Laws | PotGuide

ARIZONA

  • Arizona Proposition 207 also known as the Smart and Safe Arizona Act
    • Became law in November 2020
    • Cite: A.R.S. Title 36, Chapter 28.2
    • Allowed the legalization, taxation and recreational use off cannabis for adults 21 and over; Amend criminal penalties for marijuana possession; ban smoking marijuana in public; impose a 16 percent excise tax on marijuana sales to fund public programs; authorize state/local regulation of marijuana licenses and allow expungement of marijuana offenses
    • Does not allow any person to smoke in a public place or open space; consume products while driving or being in a vehicle even as a passenger
    • Permissible to possess, consume, purchase, and manufacture one ounce or less off marijuana, of which not more than 5 grams is concentrate
    • Permissible to possess, transport, and cultivate not more than 6 marijuana plants at the Individual’s primary residence
    • Permissible to transfer one ounce of marijuana or less, of which not more than 5 grams is in the form of concentrate, to one who is at least 21 – no advertisement to public
    • Transfer up to 6 marijuana plants to an individual who is at least 21 – no advertisement to public
  • SOURCE: https://www.azcourts.gov/prop207 ; https://azdor.gov/business/transaction-privilege-tax/adult-use-marijuana

CALIFORNIA 

  • Individuals 21 and over may legally possess  process, obtain, or use marijuana.
  • Those over 21 can purchase, gift,  and  possess up to one ounce of marijuana and up to eight grams of marijuana concentrate.
  • Adults over 21 are allowed to cultivate up to six marijuana plants per residence.
  • Consumption of marijuana is prohibited in any public place or area. Consumption is prohibited anywhere tobacco smoking is prohibited.  Consumption is prohibited within 1,000 feet of a school, youth center or day care where children are present while not inside the confines of a private residence (If you are at a private residence WITHIN 1,000 feet of a school/day care/youth center, you may consume ONLY if the smoking is undetectable to the surrounding area).
  • Manufacture of concentrated cannabis with a volatile solvent is prohibited.
  • Consumption is legal in private residences, licensed consumption areas, accessory structures located on the grounds of a private residence that is enclosed & secure from the public, and outdoors on a private residence so long as the city/county the residence is located in does not prohibit such action.
  • It is illegal to drive under the influence of any amount of marijuana.
  • It is legal to transport up to 28.5 grams of marijuana and  up to 8 grams of marijuana concentrate. Marijuana must be kept in a child-proof container that is out of reach of the driver.  Transporting marijuana in open containers is illegal. It is illegal for passengers to possess and open container or to consume cannabis in a vehicle.
  • Exporting marijuana across state lines is strictly illegal.
  • California allows cannabis delivery.

SOURCE: California Marijuana Laws | PotGuide

COLORADO

  • Individuals 21 and over may legally possess or use cannabis.
  • Transfer or sales to anyone under 21 is a felony.
  • Sale of recreational cannabis is through licensed retailers only between 8 am. and midnight. Sales to anyone under 21 are prohibited.
  • Adults over 21 can possess up to two ounces of marijuana.
  • Adults over 21 can give up to 2 ounces of marijuana to another adult 21 or older, but can’t sell marijuana. This includes homegrown.
  • Public consumption in any form is illegal.
  • Use on federal land, including national parks and national forests is prohibited.
  • Transportation across state lines is illegal.
  • It is illegal to drive under the influence of marijuana.
  • Despite legalization, employers can still test for marijuana and make employment decisions based on drug test results

SOURCE: https://cannabis.colorado.gov/legal-marijuana-use/laws-about-marijuana-use

CONNECTICUT

  • On June 22, 2021, Governor Scott signed Senate Bill 1202: An Act Concerning Responsible and Equitable Regulation of Adult-Use Cannabis
  • Individuals may possess up to 1.5 ounces, with an additional 5 ounces locked in a residence or car
  • Possession for 21 and up
    • Violators age 18-20 will receive a fine, minors found in violation will be referred to Youth Services
    • No one under 21 may receive jail time for cannabis possession
  • Purchase limits have not be explicitly set but are expected to match possession amounts
    • Flower potency is caped at 30% THC.
    • Concentrates (excluding vape cartridges) may not exceed 60%
    • Edibles are capped at 5mg THC per serving
  • Smoking banned in most spaces and is prohibited in any area or establishment that holds a liquor license
  • Prohibited consumption areas: school buses, moving vehicles, workplaces, public or private schools, dorms and other university property, public places, within the direct line of sight of a minor
  • Personal cultivation for recreational use became legal in July 2023 with limits of three mature plants and three immature plants with a maximum of twelve per household

SOURCE: https://potguide.com/connecticut/marijuana-laws/

DELAWARE

  • As of 2023
  • Possession in individuals older than 21
    • One ounce of leaf
    • 12 grams or less off harsh or other forms of concentrate
    • Up to 750 milligrams of pot edibles
  • Cannot consume in an area accessible to the public or in a moving vehicle
  • Drivers can transport marijuana as long as the product is kept in a sealed container beyond the reach of all occupants of the car
  • Growing without a license remains illegal

SOURCES: https://www.armstrongteasdale.com/thought-leadership/delaware-becomes-22nd-state-to-legalize-recreational-marijuana-use/ ; https://norml.org/laws/delaware-penalties/

DISTRICT OF COLUMBIA

  • Adults aged 21 and over can use recreational marijuana. 
  • Possession of recreational cannabis by persons under 21 years is illegal.
  • Sharing marijuana with a minor (person below 18 years) is illegal. Gifting more than one ounce to another person is illegal.
  • Adults 21 and over may possess up to two ounces of cannabis for recreational use.
  • Growing up to six cannabis plants is legal in the District of Columbia. The cultivation area must be out of public view and inaccessible to minors.
  • Individual may share up to 1 ounce off cannabis with another adult 21 or older.
  • Driving, including cars, motorboats, or aircraft under the influence of marijuana is prohibited.
  • Users are prohibited from undertaking tasks under the influence of cannabis as it could constitute professional malpractice or negligence.
  • It is illegal to smoke or ingest marijuana in a vehicle.
  • The use, possession, or cultivation of cannabis within 1,000 feet of a daycare center, school, library, public housing facility, or playground is prohibited.
  • Selling recreational marijuana is prohibited.
  • Transporting cannabis into a federal property, building or land, is illegal. 
  • It is illegal to export cannabis across state lines.

SOURCE: https://washingtondccannabis.org/laws

ILLINOIS

MAINE

  • Legal to purchase for adults 21 and over
  • May not smoke weed in public
  • Possession
    • Adults can use, possesses ad transport pp to 2.5 ounces of processed marijuana and concentrate (with no more than 5 grams of concentrate)
    • May cultivate up to 12 immature plants, 6 mature plants, and unlimited seedlings
  • Packaging
    • Adult use marijuana and related products must be packaged with certain information
    • Packaging must be child resistant

SOURCE: https://mainecannabis.org/laws 

SOURCE: https://flowhub.com/maine-cannabis-laws

MARYLAND

  • Legal purchase is 21 or older
  • Smoking cannabis or hemp is prohibited in any public place
  • May not use while driving
  • Cannabis may be purchased from licensed dispensaries
    • May only purchase the “personal use amount” defined as up to 1.5 ounces of cannabis flower, 12 grams of concentrated cannabis, or a total amount of edible cannabis products that does not exceed 750 mg THC
  • Adults 21 and over may cultivate up to 2 plants in their home, out of public view
    • A household may cultivate a maximum of 2 plants regardless of how many individuals 21 and up live in the household

SOURCE: https://mmcc.maryland.gov/Pages/cannabisfaq.aspx

SOURCE: https://norml.org/laws/maryland-penalties-2/

MASSACHUSETTS

  • Those who are 21 and over may legally possess marijuana up to 1 ounce or 5 grams of marijuana concentrates for recreational purposes. It is illegal to gift or sell marijuana to individuals under the age of 21.
  • Residents 21 and over may not possess more than 10 ounces of marijuana on their private residence.
  • Marijuana consumption in designated non-smoking areas is illegal.
  • Property owners reserve the right to permit or ban the use of marijuana on their property.
  • It is illegal to purchase or transport more than six marijuana plants, three of which must be seedlings.
  • Marijuana and marijuana-infused products must be kept in a closed or locked container.
  • Cultivating more than 6 marijuana plants for recreational use is illegal, or up to 12 plants for two or more adults. These marijuana plants must also be grown out of public view.
  • It is legal to transport marijuana in a locked or sealed container.
  • Consumption of marijuana in any form is prohibited on federal lands or properties, or in any public place or area. 
  • It is illegal to drive under the influence of any amount of marijuana. 
  • Exporting marijuana across state lines is strictly illegal.

SOURCE: https://massachusettscannabis.org/laws

SOURCE: http://masscannabiscontrol.com/know-the-laws/#adult-use-marijuana

MICHIGAN 

  • Those over 21 can use, possess, or purchase up to 2.5 ounces of marijuana, 16 ounces of marijuana-infused products in solid form, 7 grams of marijuana-infused product in gaseous form, and 36 fluid ounces of marijuana-infused product in liquid form.
  • Adults over 21 may possess up to 10 ounces at home (and any marijuana produced by the plants cultivated on the premises).
  • Purchase is limited to licensed dispensaries.
  • Adults are allowed to cultivate up to six marijuana plants per residence.
  • Residents can grow up to 12 marijuana plants at home. Plants must not be visible from public places. 
  • Consumption of marijuana is prohibited in any public place or area. 
  • Consumption inside a vehicle is illegal for both drivers and passengers.
  • Residents cannot possess or use cannabis on federal properties located in marijuana. These include colleges receiving federal funding.
  • It is illegal to drive under the influence of any amount of marijuana. 
  • Transporting recreational or medical marijuana is legal if products are sealed and labeled and in the trunk of the vehicle.  If there is no trunk, the marijuana must be in a location not readily accessible from the interior of the vehicle. 
  • Exporting marijuana across state lines is strictly illegal.
  • Michigan allows marijuana delivery.

SOURCE: (https://norml.org/laws/michigan-penalties-2/#:~:text=An%20adult%20may%20possess%20up,marijuana%20cultivated%20on%20the%20premises

MINNESOTA

  • Effective August 1, 2023 full decriminalization allows for the possession ,use, and home grow of cannabis for people 21 and older
  • Possess or transport up to 2 ounces of cannabis flower in a public place.
  • Possess up to 2 pounds of cannabis flower in a person’s private residence.
  • Possess or transport up to 8 grams of adult-use concentrate. 
  • Possess or transport edible cannabis products or lower-potency hemp edibles infused with a combined 800 milligrams or less of THC.
  • Give away cannabis flower and products to a person 21 or older in an amount legal for a person to possess in public.
  • A person may possess up to 8 cannabis plants, with no more than 4 being mature at home
    • Plants must be in an enclosed, locked space that is not viewable by the public
  • When use is not permitted
    • Cannabis cannot be used when operating a motor vehicle or operating heavy machinery
    • Cannot be used or possessed in the following places
      • Public school or charter schools and school buses
      • State correctional facilities
      • In a location where the smoke, aerosol or vapor of a cannabis product could be inhaled by a minor
      • On federal property (such as courthouses, airports and national parks)
      • In federally subsidized housing. Due to the federal prohibition of cannabis, the U.S. Department of Housing and Urban Development (HUD) does not have the discretion to admit or retain users of cannabis (i.e., marijuana), including medical cannabis, to the public housing program.
      • While on an employer's premises, or operating an employer's vehicle, machinery or equipment
    • Smoking or vaping adult-use cannabis is prohibited in a multifamily housing building
    • Owners of day care must disclose to parents of the proprietors permits use of cannabis outside of normal business hours
  • SOURCE: https://cannabis.mn.gov

MISSOURI

  • Must be 21 or older
  • Allowed to possess up to 3 ounces of marijuana
  • May cultivate up to 6 flowering plants, six immature plants, and six plants under 14 inches for personal use
  • Generally may not consume in public places unless local authorities allow for use in certain areas 
  • May not consume marijuana and drive

SOURCE: https://norml.org/laws/missouri-penalties-2/

SOURCE: https://health.mo.gov/safety/cannabis/faqs-general.php#program

MONTANA

  • Legal to purchase by individuals 21 and over
  • May possess and use up to one ounce
  • Marijuana possession remains prohibited in public and certain other locations
  • Adults may cultivate up to tow mature plants and two seedlings for private use in a private residence
    • Plants may not be visible to public
  • Limits on THC content
    • Edible products may contain up to 10mg of THC per serving and up to 100mg of THC in an entire package
    • Total THC of marijuana flower may not exceed 35%
    • Topical products may contain no more than 6% THC and no more than 800mg of THC per package
    • Marijuana products sold as a capsule, transdermal patch or suppository may not contain more than 100mg of THC and not more than 800 THC in an entire package
  • SOURCE: https://mtrevenue.gov/cannabis/faqs/#:~:text=As%20of%20January%201%2C%202022,by%20individuals%2021%20and%20over.

NEVADA

  • Adults 21 and older may purchase 1 ounce of cannabis or up to one eighth of an ounce of concentrate at a time.
  • Providing cannabis or cannabis-infused products to a minor is illegal.
  • Consumption in public, in a vehicle, or on federal land is illegal.
  • Cultivation within twenty-five miles of any dispensary is illegal.
  • Driving under the influence of marijuana is prohibited.
  • It is illegal to transport marijuana across state lines.
  • It is legal to transport marijuana in your vehicle within the state, so long as marijuana is stored away from the driver or passengers in a child-proof container.
  • Exporting cannabis is illegal.

SOURCE: Nevada Marijuana Laws | PotGuide

NEW JERSEY

  • The Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization (CREWMM) Act allows for the legal sale and use of cannabis and cannabis products for residents 21 and older
  • Dispensaries are allowed to sell up to 28.35 grams or 1 ounce off usable cannabis:
    • This is equal to up to:
      • 1 ounce dried flower or,
      • 4 grams of solid cannabis concentrates or resin,
      • 4 grams of vaporized formulations (oil)
      • 1000mg of multiple ingestible cannabis-infused products like gummies
  • Legally allowable product categories include dried flower, concentrated oils, resin, vape formulas, tinctures, topicals, syringes, lozenges, and soft chews, but availability will vary
  • formulas, tinctures, topicals, syringes, lozenges, and soft chews, but availability will vary by dispensary. Perishable edibles like cookies and brownies are not available for purchase from any dispensary.
  • Smoking is allowed in private spaces
  • Individual may give up to 1 ounce off cannabis to another adult 21 or older. Individual not allowed to accept payment or other form of compensation or gifted cannabis.
  • New Jersey does not allow for personal growing of cannabis

SOURCE: https://www.nj.gov/cannabis/adult-personal/#:~:text=New%20Jersey%27s%20Cannabis%20Regulatory%2C%20Enforcement,residents%2021%20years%20and%20older.

SOURCE: https://www.nj.gov/cannabis/documents/toolkits/LegalCannabisInNJ.pdf

NEW MEXICO

  • New Mexico’s Cannabis Regulation Act allows for the egal for use by individuals 21 and older
  • May purchase, consume, and give away up to 2 ounces (65 grams) of marijuana flower, 16 grams of concentrate, and 800mg of edibles
  • May not use marijuana in public places
    • You may possess up to 2 ounces in public but cannot consume it until in a designated “cannabis consummation area”
  • State prohibits the advertisement of the sale of cannabis on billboards or other public media within 300 feet off a school, daycare center, or church
  • It is legal to grow up to 6 plants of marijuana

SOURCE: https://newmexicostatecannabis.org/laws#

NEW YORK

  • Adults 21 and older may possess up to 3 ounces of cannabis and up to 24 grams of concentrated cannabis for personal use
  • Adults may smoke or vape cannabis wherever smoking tobacco is allowed with a few exceptions:
    • May not smoke in:
    • Cars- Cannabis use is not allowed in motor vehicles (even if parked) or in outdoor dining areas at restaurants
    • Public areas of buildings
    • Parks
    • Beaches and boardwalks
    • Public golf course
    • Inside and on the grounds of sport stadiums
    • Pedestrian plazas
    • Public gardens
    • Restaurants
    • Bars
    • schools
  • Adults 21 and older can share up to 3 ounces of cannabis flower and 24 grams of concentrated cannabis for personal use
    • May not trade or sell any amount of cannabis
  • May grow up to 6 cannabis plants in home for personal use (3 mature plants and 3 immature plants)
    • Maximum of 12 plants per household (6 mature, 6 immature)

SOURCE: https://www.nyc.gov/site/doh/health/health-topics/marijuana.page

SOURCE: https://www.nyc.gov/assets/doh/downloads/pdf/basas/cannabis-in-nyc-legal-use.pdf

OREGON 

  • Adults 21 and older with a valid government ID may purchase:
  • Adults 21 and older may purchase and possess marijuana.
    • Two (2) ounces of usable cannabis (i.e. dried flower)
    • Five (5) grams of cannabis concentrates or extracts
    • Sixteen (16) ounces of cannabis edibles in solid form
    • Seventy-two (72) ounces of cannabis products in liquid form
    • Ten (10) cannabis seeds
    • Four (4) immature cannabis plants out of public view.
  • Possession of up to 8 ounces of usable cannabis in a private residence is legal. 
  • Possession on federal land or tribal lands is Illegal.
  • Public possession:
    • Two (2) ounces of usable cannabis (i.e. dried flower)
    • One (1) ounce of cannabis concentrates or extracts
    • Sixteen (16) ounces of cannabis edibles in solid form
    • Seventy-two (72) ounces of cannabis products in liquid form
    • Ten (10) cannabis seeds
    • Four (4) immature cannabis plants
  • Smoking marijuana in public is illegal.  Consumption is only legal at home or on private property.
  • Gifting recreational marijuana between two adults age 21 years and older is permitted, but only if the gifted amount does not exceed  possession limits and the gift-giver does not accept any financial consideration. Financial consideration includes money, goods or services, tips, cover changes, admission fees, donations, raffles, fundraisers, and sales.
  • Driving under the influence of marijuana is prohibited.
  • It is illegal to transport marijuana across state lines.
  • It is legal to transport marijuana in your vehicle within the state, so long as you are within the legal possession limits and have your marijuana stored away from the driver in a child-proof container.
  • It is legal to board a plane in Oregon with the legal public possession limit if you are flying within the state. You may not smoke or open the container on the plane.

SOURCE: Oregon Marijuana Laws | PotGuide

RHODE ISLAND

  • Rhode Island Cannabis Act allows individuals 21 and older to legally possess or purchase marijuana
  • May possess up to 1 ounce of marijuana on your person, and up to 10 ounces in your home
  • May cultivate up to 3 mature and 3 immature plants each in your home
  • May transfer up to 1 ounce to another adult 21 or older
  • Smoking or vaping marijuana is prohibited in any public place that prohibits the smoking or vaporizing tobacco products

SOURCE: https://www.riaclu.org/en/know-your-rights/know-your-rights-recreational-marijuana-ri

VERMONT 

  • Individuals 21 and older may possess up to 1 ounce of marijuana.
  • Cultivation for adult use up to 2 mature and 4 immature cannabis plants per house or unit with the property owners consent. Plants must be in a secure enclosure away from public view. Cultivated cannabis will not count against a person's one-ounce possession restriction if reasonable precautions are taken to protect the cannabis from others. Additionally, the marijuana will not count against a person's possession total if stored at its growing location. 
  • Consumption is limited to residential homes and dwellings. Cannabis cannot be consumed at community or federal grounds, owned grounds, child care facilities, or public places including hotels, restaurants, and places of business.
  • Driving under the influence or while impaired is illegal. No driver or passenger is allowed to consume cannabis in a vehicle, or have an open container in a vehicle.
  • Licensed and legal citizens can transport up to an ounce of cannabis in a sealed container within the state.
  • Exporting cannabis across state lines is strictly illegal.

SOURCE: Vermont Marijuana Laws | PotGuide

VIRGINIA

  • Possession for personal use by adults 21+ at their residence
  • May possess not more than 1 ounce of cannabis on one’s person in any public place
  • May grow up to four plants per household
    • Plants must not be visible from a public way
  • Sharing or transferring one ounce or less of marijuana between persons who are 21 and older is legal
    • Does not include instances in which
      • Marijuana is given away contemporaneously with another reciprocal transaction between the same parties;
      • A gift of marijuana is offered or advertised in conjunction with an offer for the sale of goods or services; or
      • A gift off marijuana is contingent upon a separate reciprocal transaction for goods or services
  • SOURCE: https://cca.virginia.gov/faqs/General_Information?language_content_entity=en
  • SOURCE: https://www.vanorml.org/legalization_faqs

WASHINGTON 

  • Adults 21 years and older with a valid ID from any US State or international passport can legally purchase cannabis and cannabis-infused products. 
  • It is illegal for persons under 21 to consume cannabis.
  • Purchases and possessions are limited to:
    • 1 ounce of cannabis flower at a time.
    • 7 grams of concentrates
    • 16 ounces for edibles
    • 72 ounces for liquids
  • May not be consumed near a school, park, or public transportation.  This includes sidewalks, state or federal parks, and any other public space where people can smell the smoke.
  • Driving under the influence of marijuana is prohibited.
  • Transportation across state lines is prohibited.
  • Cultivation is illegal with the exception of the limitations for medical patients
  • SOURCE: Washington Marijuana Laws | PotGuide

Law Library Resources

University of Georgia Law LibraryUniversity of Georgia  |  Non-Discrimination Policy  |  Privacy Policy  | Contact Site Administrator 
225 Herty Drive Athens, GA 30602-6012 | (706) 542-5077 | University of Georgia School of Law.  All rights reserved.