Marijuana laws by state ahead of the 2024 presidential election
FILE - A customer displays a bag of "flower," or marijuana bud, that she purchased at an unlicensed cannabis dispensary in unincorporated Los Angeles County, just east of the Los Angeles city boundary, on Dec. 21, 2022. (Photo by ROBYN BECK/AFP via G
While marijuana remains illegal under federal law, dozens of states have legalized its use for adults as it becomes increasingly accepted – particularly by younger Americans.
Nationwide, 38 states have already legalized marijuana for medical purposes, and 24 states plus Washington D.C. have legalized its recreational use.
Ohio became the most recent state to legalize adult recreational use, and voters in Florida, North Dakota, and South Dakota will decide on ballot initiatives to legalize marijuana in November.
At the federal level, President Joe Biden and a growing number of lawmakers from both major political parties have been pushing for the U.S. Drug Enforcement Administration to reclassify marijuana as a less dangerous drug.
Its current classification is a Schedule I drug, alongside heroin and LSD, and a proposal would move pot to Schedule III, alongside ketamine and some anabolic steroids. However, the reclassification would not legalize marijuana outright for recreational use.
U.S. moves to reclassify marijuana, ease restrictions
The Biden administration is moving to reclassify marijuana as a less dangerous drug. The move would lift some restrictions on studying the drug. Presently, scientists have to register with the DEA and get both a state and federal license to do any research. Morgan Fox, political director for NORML, joins LiveNOW from FOX.
The potential move comes as marijuana has become increasingly accepted by Americans, with support for its legalization increasing dramatically over the last two decades. A Gallup poll in 2023 found that 70% of adults support legalization, the highest level recorded by the polling firm and more than double the roughly 30% who backed it in 2000.
A more recent Gallup poll, published this month, also found that a majority of people believe marijuana is less harmful compared to other substances like cigarettes and alcohol.
And while the tide appears to be turning in favor of legalization, there are still at least 12 states with little-to-no access to cannabis products. The same recent Gallup poll also highlighted the slight majorities of people who believe that marijuana negatively impacts both society (54%) and most people who use it (51%).
Heading into the 2024 presidential election, here are the current U.S. marijuana laws by state.
Map: Marijuana laws in the US, 2024
Alabama marijuana laws
Possession and use of marijuana is only legal in Alabama for qualified medical marijuana patients, who are allowed up to 50 milligrams per day for the first 90 days, according to the National Organization for the Reform of Marijuana Laws, or NORML. Smoking, vaping, and consuming raw marijuana plants is illegal, according to the state's medical marijuana law. Only "tablets, capsules, tinctures, or gel cubes for oral use; gels, oils or creams for topical use, or suppositories, transdermal patches, nebulizers, or liquids or oils for use in an inhaler" are permitted.
Alaska marijuana laws
Those aged 21 and up can legally possess, outside their homes, up to an ounce of marijuana and can grow up to six plants in their home in Alaska, according to state law. Adults can also give up to an ounce of marijuana and up to six plants to another adult, the law states.
Arizona marijuana laws
Adults over the age of 21 can legally possess, purchase, transport, or process 1 ounce or less of marijuana, or 5 grams or fewer of marijuana concentrate, according to Arizona law. Adults can also cultivate up to six plants for non-commercial purposes in a private residence.
Arkansas marijuana laws
Marijuana is legal in Arkansas for medical purposes, but recreational cannabis remains illegal. Qualifying cannabis patients in the state can purchase up to 2.5 ounces of medical marijuana within a 14-day period, and the law prohibits medical cannabis patients from growing marijuana at home, according to NORML.
California marijuana laws
In 1996, California became the first U.S. state to allow medicinal cannabis use when voters passed the Compassionate Use Act. Now, cannabis is legal in California for both medicinal and adult recreational use. The law allows for possession of up to 28.5 grams of cannabis (about an ounce), or up to 8 grams of concentrated cannabis, or both.
Colorado marijuana laws
Those aged 21 and up can buy up to 1 ounce of marijuana at a time in Colorado, and can have up to 2 ounces of marijuana on them, according to state law. Up to six plants are also allowed per Colorado resident, with as many as three plants flowering at one time.
Connecticut marijuana laws
Adults 21 and up can legally possess up to 1.5 ounces of cannabis and can grow up to three mature plants and three immature plants indoors, according to state law. Medical marijuana patients can legally obtain up to 5 ounces of cannabis flower per month.
Delaware marijuana laws
Residents 21 and older can legally possess up to an ounce of marijuana in the form of leaf marijuana, up to 12 grams of concentrated cannabis, or cannabis products containing 750 milligrams or fewer of delta-9-tetrahydrocannabinol (as defined in HB1), according to state law. However, Delaware residents can’t grow their own marijuana for personal use. All plant production is restricted to licensed cultivation centers.
District of Columbia marijuana laws
Although it remains a federal crime, it’s legal in Washington, D.C. for adults 21 and up to possess up to 2 ounces of marijuana. Residents can also grow up to six marijuana plants, no more than three of which are mature, in their residence.
Florida marijuana laws
Marijuana in Florida is illegal for recreational use. Qualifying patients who get a doctor’s recommendation can legally get medical cannabis from state-licensed dispensaries, according to state law. Qualified physicians cannot dispense more than a 70-day supply of marijuana within any 70-day period to the patient or caregiver, nor more than a 35-day supply of marijuana in a form for smoking within any 35-day period, state law says. In most cases, the 35-day supply of marijuana in a form for smoking cannot exceed 2.5 ounces.
Georgia marijuana laws
In Georgia, marijuana is illegal for recreational use. State law says those with a qualifying medical condition can possess up to 20 fluid ounces of low THC oil – meaning it must contain no more than 5% THC and an amount of CBD equal to or greater than the amount of THC.
Hawaii marijuana laws
Marijuana in Hawaii remains illegal for recreational use, but a decriminalization law made possession of 3 grams or fewer punishable by a $130 fine and took away possible jail time. Meanwhile, Hawaii legalized medical cannabis in 2000, allowing 4 ounces of marijuana for qualified patients, according to NORML.
Idaho marijuana laws
Cannabis in Idaho is illegal for both recreational and medicinal use, according to state law.
Illinois marijuana laws
Illinois became the 11th state to allow recreational marijuana, allowing residents age 21 and up to purchase and possess up to 1 ounce of marijuana at a time, while non-residents can have 15 grams.
Indiana marijuana laws
Marijuana in Indiana is illegal for recreational use, except CBD products with less than 0.3% THC for those with qualifying conditions, according to NORML.
Iowa marijuana laws
Marijuana is illegal for recreational use in Iowa. Certain patients can use cannabis oil for their health condition, but can only purchase up to 4.5 grams of THC every 90 days with some exceptions, according to the Des Moines Register and NORML.
Kansas marijuana laws
Marijuana remains fully illegal in Kansas. One exception is the form of THC-free cannabidiol oil, also known as CBD, according to NORML.
Kentucky marijuana laws
Recreational use remains illegal, but Kentucky Gov. Andy Beshear signed a bill into law last year legalizing medical cannabis for the state beginning on Jan. 1, 2025. Patients can apply for medical cannabis cards if they have qualifying illnesses, including cancer, multiple sclerosis, chronic pain, epilepsy, or post-traumatic stress disorder, and possess up to 8 ounces of marijuana, according to state law.
Louisiana marijuana laws
Recreational marijuana is illegal in Louisiana, but medical marijuana use is legal if it's prescribed by a doctor to treat a qualifying list of conditions, according to state law. The medical marijuana law limits dispensing "raw or crude marijuana" to no more than 2.5 ounces every 14 days per eligible patient. In 2021, the Louisiana Legislature also passed a bill eliminating jail time and reducing the fine to a maximum of $100 for possession of up to 14 grams of marijuana.
Maine marijuana laws
Adults aged 21 and older in Maine can possess up to 2.5 ounces of a combination of cannabis, cannabis concentrate and cannabis products, including no more than 5 grams of cannabis concentrate, according to state law. Adults 21 and up can also grow as many as six mature plants, or 12 immature plants, and an unlimited number of seedlings.
Maryland marijuana laws
Adults 21 and older can possess up to 1.5 ounces of cannabis flower (including joints and pre-rolls), 12 grams of concentrated cannabis (vape products), or a total amount of edible cannabis products that does not exceed 750 mg THC, according to state law. A resident 21 years or older can also lawfully grow up to two plants in their home, out of public view.
Massachusetts marijuana laws
In Massachusetts, adults 21 and over can carry up to 1 ounce of marijuana and possess up to 10 ounces in their home, according to state law. Adult-use consumers can also grow up to six cannabis plants or up to 12 plants for two or more adults.
Michigan marijuana laws
Marijuana use is legal for adults aged 21 or older in Michigan. An individual can purchase up to 2.5 ounces, but cannot have more than 15 grams of marijuana concentrate at one time, according to state law. At home, a resident 21 and older can keep up to 10 ounces of marijuana flower "in a secured location."
Minnesota marijuana laws
Minnesota law allows adults 21 and older to possess or transport up to 2 ounces of cannabis flower, 8 grams of concentrate, 800 milligrams of edible product (including lower-potency hemp-derived product, and 2 pounds of cannabis flower in a private residence, according to state law. Those 21 and older can also grow up to eight marijuana plants, with no more than four being mature, at a single residence.
Mississippi marijuana laws
Recreational marijuana remains illegal in Mississippi, and only small amounts (up to 30 grams) of cannabis are decriminalized. However, medical marijuana use is allowed for qualified patients – who can purchase up to 3.5 grams of cannabis flower or up to one gram of cannabis concentrate per day from licensed dispensaries, according to NORML. Patients are limited to purchasing no more than 3 ounces of cannabis flower per month. Flower is capped at 30% THC, while concentrated products are capped at 60% THC, NORML says.
Missouri marijuana laws
In Missouri, adults 21 and over can possess up to 3 ounces of cannabis, according to state law. Adults can also grow up to six flowering plants, six immature plants, and six plants under 14 inches for personal use in their home if they obtain a registration card.
Montana marijuana laws
Adults 21 and over in Montana can possess and use up to 1 ounce of marijuana with no criminal penalties, according to state law. Adults can also cultivate up to two mature marijuana plants and two seedlings for private use in a private residence, so long as they aren’t visible to the public. Medical marijuana cardholders can grow up to four mature plants and four seedlings, state law says.
Nebraska marijuana laws
Marijuana is illegal for recreational or medical use in Nebraska. Only small amounts (up to 1 ounce on first offense) of cannabis are decriminalized, according to NORML.
Nevada marijuana laws
In Nevada, adults 21 years and older can legally possess up to 2.5 ounces of cannabis, and up to 1/4 of an ounce of concentrated cannabis, according to state law. At home, adults can grow up to six plants per person, but no more than 12 plants per household.
New Hampshire marijuana laws
Recreational use remains illegal in New Hampshire, but the state has decriminalized marijuana – meaning there is no prison time or criminal record for first-time possession of a small amount. Medical marijuana use is allowed for qualifying patients, who can possess up to 2 ounces, according to state law. All patients are limited to purchasing 2 ounces of cannabis in any 10-day period.
New Jersey marijuana laws
New Jersey state law allows adults 21 years and older to have up to 6 ounces of marijuana and cannabis products in their possession, according to state law. Dispensaries are allowed to sell up to 1 ounce of usable cannabis, meaning an ounce of dried flower, 4 grams of solid cannabis concentrates or resin, or 1,000 mg of multiple ingestible cannabis-infused products like gummies. Adults in New Jersey can also grow up to six marijuana plants for personal recreational use, and up to 10 plants for personal medical use.
New Mexico marijuana laws
In New Mexico, adults can buy up to 2 ounces of cannabis, 16 grams of concentrate, 800 mg of edibles, according to state law. There’s no monthly or weekly limit, and possession is unlimited at home – provided all marijuana products are "stored where it is not visible from a public space." Medical cannabis patients can buy up to 15 ounces of cannabis in any 90-day period with no tax.
New York marijuana laws
It’s legal for adults 21 and older in New York to possess up to 3 ounces of cannabis and up to 24 grams of concentrated cannabis outside the home for personal use, according to state law. Residents are allowed to store up to 5 pounds of cannabis in their home. New Yorkers can also grow up to six plants in their home for personal use (three mature plants and three immature plants) and a maximum of 12 plants per household (six mature plants and six immature plants), the law says.
North Carolina marijuana laws
Marijuana remains illegal in North Carolina for both recreational and medicinal use, although penalties for possessing small amounts have been reduced in the state to a misdemeanor offense – resulting in a fine rather than jail time, according to NORML. CBD products containing up to 0.3% THC are also allowed in the state.
North Dakota marijuana laws
In North Dakota, recreational use is illegal, but medical marijuana is legal for qualifying patients, according to NORML. Patients with a physician’s recommendation can legally obtain up to 3 ounces of herbal medical cannabis provided by state licensed dispensaries.
Ohio marijuana laws
In Ohio, people over 21 can buy and possess up to 2.5 ounces of cannabis and grow up to six plants per individual or 12 plants per household at home, according to state law.
Oklahoma marijuana laws
Recreational use is illegal in Oklahoma, but medical marijuana is legal for qualifying patients. According to state law and NORML, those with a state-issued license can possess up to 8 ounces of marijuana in their residence, up to 1 ounce of concentrated marijuana, up to 72 ounces of edible marijuana, up to six mature marijuana plants, up to six seedling plants, and up to 3 ounces of marijuana on their person.
Oregon marijuana laws
In Oregon, adults 21 and up can have up to 2 ounces of usable (or "ready to smoke") marijuana in a public place, 8 ounces of usable marijuana at home, 16 ounces of cannabinoid products in solid form or cannabinoid concentrates, 72 ounces of cannabinoid products in liquid form, 1 ounce of cannabinoid extracts purchased from a marijuana retailer, and four marijuana plants, according to state law.
Pennsylvania marijuana laws
Recreational marijuana in Pennsylvania for adult use remains illegal, but medical marijuana is legal for qualifying adults. Medical marijuana is available for use by pill, oil, topical creams and ointments, tincture liquid, and forms that are medically appropriate for administration by vaporization or nebulization, according to state law. Patients may receive up to a 90-day supply at a time.
Rhode Island marijuana laws
Rhode Island became the 19th state to allow marijuana use among adults age 21 and over. According to state law, adults can possess up to 1 ounce in public or up to 10 ounces at home, and cultivate up to three mature and three immature marijuana plants each in their home.
South Carolina marijuana laws
Marijuana remains illegal in South Carolina for both recreational and medicinal use, although the state permits the use of low-THC CBD oils with at least 15% CBD and THC content not exceeding 0.9% for qualifying patients, according to state law.
South Dakota marijuana laws
Recreational marijuana is illegal in South Dakota, but medical marijuana use is legal for patients with qualifying conditions. According to state law, medical marijuana patients can possess up to 3 ounces of cannabis, as well as grow two flowering cannabis plants and two cannabis plants "that are not flowering."
Tennessee marijuana laws
Marijuana remains illegal in Tennessee for both recreational and medicinal use, although the state permits the use of low-THC CBD oils with no more than 0.9% THC content for qualifying patients, according to NORML.
Texas marijuana laws
In Texas, marijuana remains illegal for both recreational and medicinal use. However, the state does allow qualified patients to use CBD products with no more than 1% THC concentration, according to state law.
Utah marijuana laws
Recreational marijuana is illegal in Utah, but medical marijuana use is legal for qualifying patients. According to state law, medical marijuana patients can get cannabis in several forms – such as aerosols, tablets, capsules and concentrated oils, but smoking cannabis and edible products are not permitted. Patients can obtain up to a 30-day supply of medical cannabis products, and a 30-day supply of "unprocessed cannabis" should not exceed 113 grams by weight.
Vermont marijuana laws
In Vermont, adults aged 21 and older can possess up to 1 ounce of marijuana, and grow up to two plants (and up to four immature plants), according to NORML.
Virginia marijuana laws
Adults 21 and older in Virginia can possess up to 1 ounce of cannabis on their person or in any public place, according to state law. They can also grow up to four plants in their homes.
Washington marijuana laws
In Washington state, adults aged 21 and older can purchase up to 1 ounce of useable marijuana (the harvested flowers, or "bud"), 16 ounces of marijuana-infused edibles in solid form, 72 ounces in liquid form, and 7 grams of marijuana concentrates, according to state law. However, it’s illegal for residents to grow their own marijuana unless they’re an authorized medical patient.
West Virginia marijuana laws
Recreational marijuana is illegal in West Virginia, but medical marijuana use is legal for qualifying patients. According to NORML, patients can possess marijuana in the form of infused pills, oils, topicals, liquids, or dermal patches. Cannabis can also be dispensed in "dry leaf" or "plant form" and/or "in a form medically appropriate for administration by vaporization or nebulization."
Wisconsin marijuana laws
Marijuana is illegal in Wisconsin both recreationally and medicinally. However, the state does allow for the possession of CBD products for any "medical condition" for which a physician recommends it and any form "without a psychoactive effect," according to state law.
Wyoming marijuana laws
In Wyoming, marijuana is illegal – both recreationally and medicinally. But for qualified patients, the state does allow for unspecified amounts of "hemp extracts," which are defined as preparations of cannabis plant material containing less than 0.3% THC and more than 15% cannabidiol, according to NORML.