Marijuana Laws by State

The use, sale, and possession of marijuana—which refers to products and parts of cannabis plants containing substantial amounts of tetrahydrocannabinol (THC)—are currently illegal under U.S. federal law. However, individual states have enacted laws that often contradict the federal position.

In fact, states that allow medical marijuana use outnumber those that don’t by far. For some people, it may feel like marijuana has been effectively legalized.

However, even in states where recreational marijuana use is legal, the policies differ regarding accessibility, criminalization, and sale. In addition, due to federal laws outlawing marijuana, banking for businesses in the cannabis industry remains a sticky issue.

Brief History of Marijuana Status in the US

Prior to marijuana’s use in the U.S. as a recreational substance, hemp—a type of cannabis plant—was grown for industrial use, even by George Washington. However, the passage of the 1937 Marihuana Tax Act ultimately spelled the end of the hemp industry in the U.S. until very recently.

In 1970, the Controlled Substances Act classified marijuana as a Schedule I drug, which means that it was considered to have “high abuse potential with no accepted medical use” under federal law. The Agriculture Improvement Act of 2018 removed certain cannabis products, including hemp. from the Controlled Substances Act, making them legal to produce and market. But anything with 0.3% or more THC is still considered illegal at the federal level.

In spite of this, various state and local governments have passed their own laws to allow the use of marijuana products, though restrictions may apply. As of October 2024, 24 states plus the District of Columbia and three U.S. territories have put in place regulations for the recreational use of marijuana. Recreational use—wherever it has been legalized—is limited to adults 21 years of age and older.

Currently, 38 states plus the District of Columbia and four U.S. territories have legislated the use of marijuana for medical treatment. Some states that have not legalized the use of medical marijuana have laws that permit the possession and use of products containing cannabidiol (CBD), another compound derived from cannabis plants with some therapeutic uses, subject to low THC limits.

While the specific conditions that qualify for medical marijuana treatment vary from state to state, common ones include cancer, HIV, post-traumatic stress disorder, amyotrophic lateral sclerosis (more commonly known as ALS), or other conditions as approved by a physician.

Marijuana Businesses and Banking

A dispensary is a location where marijuana-based products may be purchased. In states where retail sales are permitted, sale and delivery is limited to licensed entities. Even if it is illegal to sell recreational marijuana in a particular state, licensed dispensaries may still exist to sell medical marijuana.

Getting licensed in any state is often expensive, and compliance can be complex as rules change over time. Another complicating factor to this business is that financing options are limited. Current federal laws surrounding marijuana make it difficult for most cannabis businesses to secure financing and find a bank to take their business. Federally insured credit unions and banks take significant risks if they choose to work with marijuana companies. For example, financial transactions involving proceeds from marijuana sales could result in prosecution under money laundering statutes, unlicensed money transmitter statutes, or the Bank Secrecy Act (BSA).

There have been some legislative efforts aimed at protecting banks that conduct business with cannabis businesses, though they have yet to be codified into law. Despite the risk, over 800 banks and credit unions work with marijuana-related businesses, according to recent data from the Department of Treasury.

Source: FinCEN

When providing financial services to marijuana businesses, there are five key costs that banks and credit unions have to keep in mind:

• Compliance costs: Financial institutions have to invest a lot of time and money to keep abreast of constantly changing regulatory and legislative policies.
• Legal costs: Banks and credit unions often need to hire legal counsel for consulting, in-house compliance management, and handling of proceedings resulting from potential lawsuits.
• Educational costs: Banks may hire external experts to ensure employees understand the intricacies of the marijuana industry.
• Logistical costs: Cannabis is largely a cash-based business model, which comes with complications like the need to hire additional security and to work with expensive vendors.
• Reputational costs: Financial institutions that choose to work with cannabis-related businesses are likely to still face criticism from their partners or members who are wary of the substance due to its legal status or who disapprove of its use as a recreational substance.

Marijuana Laws by State

Alabama Marijuana Laws: Medical

Marijuana use has been legal for medical use in Alabama since 2021. Individuals are permitted to possess and use certain products provided they have a valid prescription for medical marijuana. However, is illegal to possess, use, purchase, sell, or cultivate marijuana for recreational purposes.

Alaska Marijuana Laws: Legalized

It has been legal to possess, use, and cultivate marijuana in Alaska for medical purposes since 1998 and for recreational purposes since 2014. Residents may possess up to one ounce for either medical or recreational use. Residents may grow up to six cannabis plants (no more than three mature) for non-commercial purposes.

Arizona Marijuana Laws: Legalized

The possession and cultivation of marijuana for recreational purposes has been legal in Arizona since 2020. Residents may possess up to one ounce for recreational use and grow no more than six cannabis plants at home, or up to 12 plants in a home with more than one adult. Marijuana use for medical purposes has been legal since 2011. If a resident possesses a qualifying medical condition, they may acquire up to two and 1.5 ounces of usable marijuana within a 14-day period. They may also cultivate up to 12 plants in a home that is beyond 25 miles from a state-licensed dispensary facility.

Arkansas Marijuana Laws: Medical

It is illegal to possess, use, purchase, sell, or cultivate marijuana in Arkansas for recreational purposes. Marijuana has been legal for medical purposes since 2016. If a resident possesses a qualifying condition, they may acquire up to 2.5 ounces of usable marijuana every 14 days from a state dispensary. Home cultivation isn’t permitted.

California Marijuana Laws: Legalized

It has been legal to possess, use, and purchase marijuana in California for both medical and recreational purposes since 1996 and 2016, respectively. Residents can possess up to one ounce for recreational use. Residents may also grow up to six cannabis plants for recreational purposes.

In 2020, California Governor Gavin Newsom signed into law a bill protecting banks that do business with dispensaries and other related companies. Prior, any institution that conducted financial transactions for cannabis businesses risked facing fines and other penalties.

Colorado Marijuana Laws: Legalized

It has been legal to possess, use, purchase, and cultivate marijuana in Colorado for medical and recreational purposes since 2001 and 2012, respectively. Residents may possess up to two ounces, and may cultivate up to six cannabis plants (no more than three mature) for non-commercial purposes.

Connecticut Marijuana Laws: Legalized

It has been legal to possess, use, purchase, sell, and cultivate marijuana in Connecticut for medical and recreational purposes since 2012 and 2021, respectively. Residents may possess up to 1.5 ounces in public and up to five ounces in public in a locked container. Growing cannabis plants for recreational purposes isn’t legal. If a resident possesses a qualifying condition, they may acquire a one-month supply of five ounces of usable marijuana. Patients may cultivate up to six plants at home, with no more than 12 for per household.

Delaware Marijuana Laws: Legalized

Marijuana has been legal for medical purposes in Delaware since 2011 and for recreational purposes since April 2023. Residents may possess up to one ounce of marijuana. Qualifying patients may possess up to six ounces. Home cultivation isn’t permitted.

District of Columbia Marijuana Laws: Legalized

It has been legal to possess and use marijuana in the District of Columbia for both medical and recreational purposes since 2010 and 2015, respectively. Residents may possess up to two ounces in their private residence, and qualifying patients may possess up to eight ounces. Residents may also grow up to six plants (no more than three mature) for recreational purposes.

Florida Marijuana Laws: Medical

It is illegal to possess, use, purchase, sell, or cultivate marijuana in Florida for recreational purposes. Marijuana has been legal for medical purposes since 2016. Home cultivation is not permitted.

Georgia Marijuana Laws: Medical (CBD)

It is illegal to possess, use, purchase, sell, or cultivate marijuana in Georgia for either medical or recreational purposes. In addition, marijuana can’t be prescribed for medical purposes. However, it has been legal to use cannabis extracts high in CBD to treat qualifying conditions since 2015, so long as they contain less than 5% THC.

Hawaii Marijuana Laws: Medical

Marijuana for medical purposes has been legal in Hawaii since 2000. If a resident possesses a qualifying condition, they may acquire up to four ounces of usable marijuana. Residents may also grow up to seven cannabis plants for medical purposes. It is illegal to possess, use, purchase, sell, or cultivate marijuana in Hawaii for recreational purposes.

Idaho Marijuana Laws: Medical (CBD)

It is illegal to possess, use, purchase, sell, or cultivate marijuana in Idaho for recreational purposes. Marijuana can’t be prescribed for medical purposes in Idaho. However, it has been legal to use cannabis extracts high in CBD to treat qualifying conditions since 2015, though only if they contain absolutely no trace of THC.

Illinois Marijuana Laws: Legalized

In Illinois, medical marijuana use has been legal since 2014, and recreational marijuana use permitted as of 2020. Registered patients may grow up to five cannabis plants for medical purposes. Residents can possess a maximum of 30 grams of flower and five grams of concentrate. Non-residents can possess 15 grams of flower and 2.5 grams of concentrate.

Indiana Marijuana Laws: Medical (CBD)

It is illegal to possess, use, purchase, sell, or cultivate marijuana in Indiana for medical or recreational purposes. It has been legal to use cannabis extracts high in CBD both for treating qualifying conditions and recreational purposes since 2017 and 2018, respectively, though only if they contain no more than 0.3% THC.

Iowa Marijuana Laws: Medical (CBD)

It is illegal to possess, use, purchase, sell, or cultivate marijuana in Iowa for either medical or recreational purposes. Although marijuana can’t be prescribed, it has been legal to use cannabis extracts high in CBD to treat qualifying conditions since 2014, though only if it contains no more than 3% THC.

Kansas Marijuana Laws: Legalized (CBD)

It is illegal to possess, use, purchase, sell, or cultivate marijuana in Kansas for either medical or recreational purposes. However, it has been legal to use cannabis extracts high in CBD both for recreational purposes and for treating qualifying conditions since 2018 and 2019, respectively. Medicinal CBD cannot have more than 5% THC, while recreational CBD must have absolutely no trace of it.

Kentucky Marijuana Laws: Medical

It is illegal to possess, use, purchase, sell, or cultivate marijuana in Kentucky for either recreational purposes. In March 2023, the state passed a law legalizing medical use, which will take effect in January 1, 2025. Presently, medical use of marijuana is legal through an executive order. It has been legal to use cannabis extracts high in CBD to treat qualifying conditions since 2014, though only if it contains less than 0.3% THC.

Louisiana Marijuana Laws: Medical

Marijuana has been legal for medical purposes since 2016. If a resident possesses a qualifying condition, they may acquire a “30-day supply” of usable marijuana. Home cultivation is not permitted. It is illegal to possess, use, purchase, sell, or cultivate marijuana for recreational purposes.

Maine Marijuana Laws: Legalized

It has been legal to possess, use, and cultivate marijuana in Maine for both medical and recreational purposes since 1999 and 2016, respectively. However, possession of more than 2.5 ounces of marijuana, or any amount outside of one’s private residence, is illegal. Maine residents are permitted to grow up to three cannabis plants for recreational use, while those with qualifying medical conditions may grow up to six plants.

Maryland Marijuana Laws: Legalized

Since July 2023, adults in Maryland have been able to legally possess up to 1.5 ounces of marijuana and 12 grams of concentrate. Adults may also grow up to two cannabis plants in their homes for their own personal use. Marijuana has been legal for medical purposes since 2014. If a resident possesses a qualifying condition, they may acquire a “30-day supply” of usable marijuana. They can cultivate up to four plants per residence.

Massachusetts Marijuana Laws: Legalized

It has been legal to possess, use, purchase, sell, or cultivate marijuana in Massachusetts for both medical and recreational purposes since 2013 and 2018, respectively. Residents of Massachusetts are only permitted to possess up to one ounce of marijuana on their person, though they may possess up to 10 ounces so long as it is secured with a lock within their primary residence. Residents are permitted to grow up to six cannabis plants for non-commercial use.

Michigan Marijuana Laws: Legalized

It has been legal to possess, use, purchase, sell, or cultivate marijuana in Michigan for both medical and recreational purposes since 2008 and 2018, respectively. Residents are permitted to possess up to 2.5 ounces of marijuana on their person, or up to 10 ounces in their place of residence. They are also permitted to grow up to 12 cannabis plants for non-commercial use.

Minnesota Marijuana Laws: Legalized

It has been legal to possess and use marijuana in Minnesota for recreational purposes since August 2023, and it has been legal for medical purposes since 2014. Residents are allowed to posses up to two ounces in a public place, and up to two pounds in a private residence. Home cultivation is permitted, up to a limit of eight plants, with no more than four mature.

Mississippi Marijuana Laws: Medical

It is illegal to possess, use, purchase, sell, or cultivate marijuana for recreational purposes in Mississippi. In 2022, Mississippi became the 37th state to do legalized marijuana for medical use. Qualifying residents can purhcase up to three ounces per month. Additionally, it has been legal to use cannabis extracts high in CBD to treat intractable epilepsy since 2014, though only if it contains less than 0.5% THC.

Missouri Marijuana Laws: Legalized

In Missouri, recreational marijuana use has been legal since 2022. Residents can possess up to three ounces of marijuana and grow up to six flowering plants, six immature plants, and six plants under 14 inches for their own personal use. The state’s medical marijuana program has been operational since 2020. If a resident possesses a qualifying condition, they may acquire up to four ounces of usable marijuana within a 30-day period.

Montana Marijuana Laws: Legalized

Since 2021, residents have been able to possess up to one ounce of marijuana for recreational use. Residents are permitted to grow no more than four cannabis plants for non-commercial purposes. Marijuana has been legal in Montana for medical purposes since 2004. If a resident possesses a qualifying condition, they may acquire one ounce of usable marijuana. Registered cardholders who have not named a provider may grow up to four plants.

Nebraska Marijuana Laws: Not Legal

It is illegal to possess, use, purchase, sell, or cultivate marijuana in Nebraska for medical or recreational purposes.

Nevada Marijuana Laws: Legalized

It has been legal to possess, use, purchase, sell, or cultivate marijuana in Nevada for both medical and recreational purposes since 2001 and 2017, respectively. Residents of Nevada are permitted to possess up to 2.5 ounces of marijuana, and to grow up to six plants person and 12 plants per household.

New Hampshire Marijuana Laws: Medical

Recreational use of marijuana in New Hampshire remains illegal. Marijuana has been legal for medical purposes since 2013. If a resident possesses a qualifying condition, they may acquire up to two ounces of usable marijuana. Home cultivation, however, is not permitted.

New Jersey Marijuana Laws: Legalized

Since 2022, adults have been able to purchase and possess up to six ounces of marijuana for recreational purposes. Marijuana has been legal in New Jersey for medical purposes since 2010. Home cultivation is not permitted.

New Mexico Marijuana Laws: Legalized

Recreational marijuana use became legal in 2022. As such, residents are able to possess up to two ounces, and grow up to six plants. Marijuana has been legal in New Mexico for medical purposes since 2007. If a resident possesses a qualifying condition, they may acquire up to eight ounces of usable marijuana within a 90-day period, and grow up to 16 plants (no more than four mature).

New York Marijuana Laws: Legalized

Recreational use of marijuana has been legal in New York since 2021. Residents can possess up to three ounces of marijuana and grow up to six mature and six immature plants per household. Marijuana has been legal in New York for medical purposes since 2014. If a resident possesses a qualifying condition, they may acquire a “30-day supply” of usable marijuana.

North Carolina Marijuana Laws: Medical (CBD)

It is illegal to possess, use, purchase, sell, or cultivate marijuana in North Carolina for either medical or recreational purposes. Although marijuana can’t be prescribed for medical purposes in North Carolina, it has been legal to use cannabis extracts high in CBD to treat qualifying conditions since 2014, though only if it contains less than 0.9% THC.

North Dakota Marijuana Laws: Medical

It is illegal to possess, use, purchase, sell, or cultivate marijuana in North Dakota for recreational purposes. Marijuana has been legal in North Dakota for medical purposes since 2016. If a resident possesses a qualifying condition, they may acquire up to three ounces of usable marijuana in a 30-day period. Home cultivation is not permitted.

Ohio Marijuana Laws: Legalized

Recreational marijuana use and possession became legal in December 2023. Adults may possess up to 2.5 ounces of marijuana, and may grow up to six plants. Marijuana has been legal in Ohio for medical purposes since 2016. Qualified patients can possess a 90-day supply.

Oklahoma Marijuana Laws: Medical

It is currently illegal to possess, use, purchase, sell, or cultivate marijuana in Oklahoma for recreational purposes. Marijuana has been legal in Oklahoma for medical purposes since 2018. If a resident possesses a qualifying condition, they may acquire up to eight ounces of usable marijuana in their home and up to six mature plants.

Oregon Marijuana Laws: Legalized

It has been legal to possess, use, purchase, sell, and cultivate marijuana in Oregon for both medical and recreational purposes since 1998 and 2015, respectively. Residents of Oregon may possess up to two ounces in public, and up to eight ounces in their homes. Residents may grow up to four plants for recreational purposes.

Pennsylvania Marijuana Laws: Medical

It is illegal to possess, use, purchase, sell, or cultivate marijuana in Pennsylvania for recreational purposes. Marijuana has been legal in Pennsylvania for medical purposes since 2016. If a resident possesses a qualifying condition, they may acquire a 90-day supply of usable marijuana. Home cultivation is not permitted.

Rhode Island Marijuana Laws: Legalized

Recreational marijuana was legalized in 2022, allowing residents to possess up to one ounce in public and ten ounces at home. Residents may also cultivate up to six plants, with no more than three mature. Marijuana has been legal in Rhode Island for medical purposes since 2006. If a resident possesses a qualifying condition, they may acquire up to 2.5 ounces of usable marijuana. Qualifying residents may also grow up to 12 plants.

South Carolina Marijuana Laws: Medical (CBD)

It is illegal to possess, use, purchase, sell, or cultivate marijuana in South Carolina for either medical or recreational purposes. Since 2014, it has been legal to use cannabis extracts high in CBD to treat qualifying conditions, though only if they contain no more than 0.9% THC.

South Dakota Marijuana Laws: Medical

In South Dakota, it is illegal for residents to possess, use, purchase, cultivate, or sell marijuana for recreational purposes. If a resident possesses a qualifying condition, they may acquire up to three ounces of usable marijuana. Qualifying residents may also grow up to three plants.

Tennessee Marijuana Laws: Medical (CBD)

It is illegal to possess, use, purchase, sell, or cultivate marijuana in Tennessee for either medical or recreational purposes. Although marijuana can’t be prescribed for medical purposes in Tennessee, it has been legal to use cannabis extracts high in CBD to treat intractable seizures since 2014, though only if it contains no more than 0.9% THC.

Texas Marijuana Laws: Medical (CBD)

It is illegal to possess, use, purchase, sell, or cultivate marijuana in Texas for either medical or recreational purposes. Although marijuana can’t be prescribed for medical purposes in Texas, it has been legal to use cannabis extracts high in CBD to treat qualifying conditions since 2015, though only if it contains no more than 0.5% THC.

Utah Marijuana Laws: Medical

It is illegal to possess, use, purchase, sell, or cultivate marijuana in Utah for recreational purposes. Marijuana has been legal in Utah for medical purposes since 2018. If a resident possesses a qualifying condition, they may acquire a 30-day supply of usable marijuana. Home cultivation, however, is not permitted.

Vermont Marijuana Laws: Legalized

It has been legal to possess, use, purchase, sell, and cultivate marijuana in Vermont for medical and recreational purposes since 2004 and 2018, respectively. Residents are permitted to possess up to one ounce of recreational marijuana. Residents may grow up to six plants, but only two can be mature at a time.

Virginia Marijuana Laws: Legalized

Recreational use and possession of marijuana has been legal since 2021. It is also legal for residents to cultivate up to four cannabis plants. However, the state has no framework in place for regulating recreational marijuana sales at the moment. Marijuana has been legal in Virginia for medical purposes since 2020. If a resident possesses a qualifying condition, they may acquire up to four ounces of usable marijuana every 30 days.

Washington Marijuana Laws: Legalized

It has been legal to possess, use, purchase, sell, and cultivate marijuana in Washington for medical and recreational purposes since 1998 and 2012, respectively. Residents are permitted to possess up to one ounce of recreational marijuana in their private residences.

West Virginia Marijuana Laws: Medical

It is illegal to possess, use, purchase, sell, or cultivate marijuana in West Virginia for recreational purposes. Medical marijuana was legalized in West Virginia in 2016. Home cultivation is not allowed.

Wisconsin Marijuana Laws: Medical (CBD)

It is illegal to possess, use, purchase, sell, or cultivate marijuana in Wisconsin for medical or recreational purposes. Although marijuana can’t be prescribed for medical purposes in Wisconsin, it has been legal to use cannabis extracts high in CBD to treat qualifying conditions since 2014, though they must be “in a form without a psychoactive effect.”

Wyoming Marijuana Laws: Medical (CBD)

It is illegal to possess, use, purchase, sell, or cultivate marijuana in Wyoming for medical or recreational purposes. Although marijuana can’t be prescribed for medical purposes in Wyoming, it has been legal to use cannabis extracts high in CBD to treat qualifying conditions since 2015, though only if it contains less than 0.3% of THC.

The Bottom Line

While the use, sale, and possession of marijuana in the United States is illegal under federal law, 38 states and the District of Columbia—over 75% of U.S. states—have legalized some form of use, including medical or recreational. That said, cannabis laws around banking, business licensing, taxation, and various other elements of business life vary widely by state, county, and municipality. As such, it’s crucial to verify regulations around any potential transaction on a locality-by-locality basis.