Where Cannabis is Legal: Understanding Legality in the United States and Its Territories, Districts, and Tribes


The United States is coming around the bend on unanimously legalizing cannabis for medical and/or recreational use. It is moving slowly, but also surely making ground. Most of the focus here has been on Washington, DC and Virginia, which are still important stepping stones. Being a native of Virginia, I thought I’d never see the day. Considering, however, that legalization as well as this site, continue to expand, it’s going to be necessary to know where you’re safe to use marijuana. This blog looks at all 50 states, as well as a few territories and tribes, so you have the information on where cannabis is legal, legal for medical use, or still a punishable offense.

18 states, one district, two territories, and six Indigenous-American tribes have adopted fully legal, recreational and medical-use legislation for marijuana and marijuana products. As a result, certain states allow you to transport more legally, some allow you to store more, legally. Either way, this progress is remarkable for our country. What’s also interesting is that there does not seem to be a regional trend in acceptance of legal marijuana-use legislation, which shows that progress is being made all over the country, instead of one specific area or region (with the exception of the west coast). Another indicator that we can move towards legalizing, or at least decriminalization, across the country.

The following tables highlight where, in the US, marijuana is fully legal for recreational and medical use. They also indicate, if applicable, the limits of marijuana and marijuana products you can legally transport and/or possess.

AlaskaLegal for Recreational Use and Medical UseAble to transport up to 1 oz (28 grams)
ArizonaLegal for Recreational Use and Medical UseAble to transport up to 1 oz (28 grams)
CaliforniaLegal for Recreational Use and Medical UseAble to transport up to 1 oz (28 grams)
ColoradoLegal for Recreational Use and Medical UseAble to transport up to 2 oz (57 grams)
ConnecticutLegal for Recreational Use and Medical UseAble to transport 1.5 oz (43g) or possess 5 oz (140 grams) locked inside a home or trunk of a vehicle
IllinoisLegal for Recreational Use and Medical UseAble to transport up to    1.1 oz (30 grams)
MaineLegal for Recreational Use and Medical UseAble to transport up to 2.5 oz (71 grams)
MassachusettsLegal for Recreational Use and Medical UseAble to transport up to 1 oz (28 grams) outside the homeAble to store up to 10 oz (280 grams) inside a home
MichiganLegal for Recreational Use and Medical UseAble to transport up to 2.5 oz (71 grams) outside the homeAble to store up to 10 oz (280 grams) inside a home
MontanaLegal for Recreational Use and Medical UseAble to  transport up to 1 oz (28 grams) of marijuana or 8 grams of concentrates
NevadaLegal for Recreational Use and Medical UseTransport is legal 
New JerseyLegal for Recreational Use and Medical UseAble to transport up to 6 oz (170 grams) for an individual. Licensed delivery services permitted
New MexicoLegal for Recreational Use and Medical UseAble to transport up to 2 oz (57 grams)
New YorkLegal for Recreational Use and Medical UseAble to transport up to 3 oz (85 grams) for recreational purposes or 24 grams of concentrates
OregonLegal for Recreational Use and Medical UseAble to transport up to 2 oz (57 grams); more for licensed cultivators
VermontLegal for Recreational Use and Medical UseAble to transport up to 1 oz (28 grams)
VirginiaLegal for Recreational Use and Medical Use (Commercial sales permitted for medical use)Able to transport up to  1 oz (28 grams)
Washington (State)Legal for Recreational Use and Medical UseAble to transport up to 1 oz (28 grams)
District of Columbia (Washington, DC)Legal for Recreational Use and Medical UseAble to transport up to 2 oz (57 grams)
GuamLegal for Recreational Use and Medical UseTransportation is legal
Northern Mariana IslandsLegal for Recreational Use and Medical UseTransportation is legal
Flandreau Santee Sioux Tribe (South Dakota)Legal for Recreational Use and Medical UseTransportation is legal
Oglala Lakota Sioux Tribe(South Dakota)Legal for Recreational Use and Medical UseTransportation is legal
Suquamish Tribe (Washington State)Legal for Recreational Use and Medical UseTransportation is legal
Squaxin Island Tribe (Washington State)Legal for Recreational Use and Medical UseTransportation is legal
Eastern Band of Cherokee Nations (North Carolina)Legal for Recreational Use and Medical Use (Sale and cultivation permitted for Medical Use)Able to transport up to 1 oz (28 grams)
St. Regis Mohawk Tribe(New York)Legal for Recreational Use and Medical UseTransportation is legal

Being on the same page is something we’re definitely having difficulty with in the US at this current moment. With that being said, while every state hasn’t adopted full legalization of marijuana, many states have come to a consensus that individuals battling severe illnesses and conditions should be able to partake in marijuana and marijuana products as a way to manage and/or treat these situations. The following tables indicate where marijuana is legal for medical use primarily. Some of these states have opted to decriminalize small amounts, and that is noted in these tables as well. 

North Carolina has been added to this list. While medical use isn’t legal (except in the case of CBD oil) it is still notable that they’ve decriminalized possession up to 1.5 oz .

AlabamaLegal for Medical Use OnlyRecreational: Misdemeanor for first offense; subsequent offenses considered felonies
ArkansasLegal For Medical Use OnlyRecreational Use/Possession is illegal
DelawareLegal for Medical Use OnlyRecreational Use decriminalized to a civil infraction
FloridaLegal for Medical Use OnlyRecreational Use/Possession is illegal
HawaiiLegal for Medical UseFirst state legislature to legalize medical marijuanaRecreational Use Decriminalized (Less than 3 grams) 
LouisianaLegal for Medical UseRecreational  Use Decriminalized up to .49 oz (14 grams)
MarylandLegal for Medical UseRecreational Use Decriminalized up to 10 grams
MinnesotaLegal for Medical UseDecriminalized (1976), medical transport only
MissouriLegal for Medical UseDecriminalized (2014) Transport not clearly defined
New HampshireLegal for Medical UseRecreational Use Decriminalized up to .75 oz (21 grams)
North CarolinaRecreational Use DecriminalizedMedical Use Illegal (CBD Oil permitted)Decriminalized up to 1.5 oz (42 grams)
North DakotaLegal for Medical UseRecreational use Decriminalized up to .49 oz (14 grams) 
OhioLegal for Medical UseRecreational Use decriminalized to a civil infraction
OklahomaLegal for Medical UseRecreational Use Illegal
PennsylvaniaLegal for Medical UseRecreational Use Illegal, 1.1 oz (30 grams) or less decriminalized in Philadelphia and Pittsburgh
Rhode IslandLegal for Medical UseRecreational Use decriminalized to a civil infraction
South DakotaLegal for Medical UseRecreational Use is a Class 1 Misdemeanor (personal use of 2 oz (56 grams) or less)
UtahLegal for Medical UseRecreational Possession up to 1 oz (28 grams) punishable by 6 months in prison and a maximum $1,000 USD fine.
West VirginiaLegal for Medical UseRecreational Use is a misdemeanor

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Puerto RicoLegal for Medical UseRecreational Use is Illegal
US Virgin IslandsLegal for Medical UseRecreational Use is decriminalized up to 1 oz (28 grams)

Where Cannabis is still 100% Illegal

Still, of course, there always has to be someone on the opposing end. These final tables show the states and territories that continue to criminalize and punish cannabis use (in some cases rather harshly). Having been a victim, several times, of pre-legalization criminal charges in Virginia however, I’m very happy to see the day that I didn’t have to add my home state to this list. Hopefully, these states will come around to, at minimum, legalization for medical use. We, as a nation, have suffered, including some more than others. Denying Americans the right to alleviate suffering, in my opinion, alienates our inalienable rights to life, liberty, and the pursuit of happiness. Ideally, these states will realize this one day, and act accordingly. 

States where cannabis is illegal

GeorgiaRecreational Use and Medical Use Illegal (CBD Oil permitted with less than 5% THC)Able to transport for medical use only
IdahoRecreational Use and Medical Use Illegal (CBD Oil permitted with less than 0.1% THC)3 oz (85 grams) or less considered misdemeanor possession 
IndianaRecreational Use and Medical Use Illegal (CBD Oil permitted with less than 0.3% THC)Possession considered a misdemeanor , punishable by up to 6 months in jail and a $1,000 USD Fine
IowaRecreational Use and Medical Use Illegal CBD products with a THC content of 4.5 grams permitted to a patient over a 90 day period
KansasRecreational Use and Medical Use Illegal (CBD Oil permitted with less than 0% THC)CBD Oil exempted from definition of marijuana (2018)
KentuckyRecreational Use and Medical Use Illegal (CBD Oil permitted)Misdemeanor for less than 8 oz (230 grams)
MississippiRecreational Use and Medical Use Illegal (CBD Oil permitted)Decriminalized for first offense only, 1.1 oz (30 grams) or less
NebraskaRecreational Use and Medical Use Illegal Decriminalized for first offense only (possession up to 1 oz (28 grams)
South CarolinaRecreational Use and Medical Use Illegal (CBD Oil permitted with less than 0.9% THC)Recreational Use is a misdemeanor offense
TennesseeRecreational Use and Medical Use Illegal (CBD Oil permitted with less than 0.9% THC)Less than .5 oz (14 grams) is a misdemeanor on first or second offense only
TexasRecreational Use and Medical Use Illegal (CBD Oil permitted with no more than 1% THC and no less than 10% CBD)De facto legal by refusal to arrest for less than 4 oz (112 grams) in possession in Austin, TX. Houston, Dallas, San Antonio, and Travis County have “Cite and Release” statute
WisconsinRecreational Use and Medical Use Illegal (CBD Oil permitted)Misdemeanor for first offense, felony on subsequent offenses
WyomingRecreational Use and Medical Use Illegal (CBD Oil permitted)Being under the influence of marijuana is a misdemeanor punishable by up to 90 days in prison and a fine up to $100 USD. Possession of 3 oz (85 grams) or less a misdemeanor punishable by up to 1 year in prison and a $1,000 USD fine

Territories where cannabis is illegal

American SamoaRecreational Use and Medical Use Illegal In 1999, a mandatory five-year minimum sentence was imposed for possession of ANY amount of ANY illegal substance

In Conclusion

Vector illustration of a USA flag marijuana leaf with a gray shadow on a white background with a gray border.

Whether you’re moving, traveling, or just learning, this guide brings together a comprehensive list of places in, and associated with, the US where it’s safe for you to enjoy cannabis. Knowing your rights are important, and that includes knowing the law. If you’re out there on the front lines lobbying for change, we applaud and thank you for your determination. Maybe you’re in a state where medical use is permitted, we hope that you are getting the best care possible from your local vendors. If you’re in a state where recreational use is legal, I encourage you to go out and exercise your right, preferably in spliff form!

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