US States That Consider Marijuana A Legal Substance

Marijuana has been a source of debate in the United States for decades, with opinions divided on its usage and legality. But while there are still many states that have yet to legalize marijuana, an increasing number of them are now recognizing it as a legitimate substance. 

Photo by Elsa Olofsson on Unsplash

In fact, more than thirty US states have legalized the medical or recreational use of marijuana in some form or another. This includes both red and blue states from all parts of the country, ranging from Alaska to Florida.  With this trend continuing to grow, it’s worth taking a closer look at which US states consider marijuana legal and what restrictions may be imposed on its usage within each state’s borders.

States That Have Fully Legalized Marijuana

Currently, 11 states (Alaska, California, Colorado, Illinois, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont and Washington) and the District of Columbia have legalized recreational marijuana use. The history of marijuana legalization in the United States began in 1996 when California passed Proposition 215, which legalized medical marijuana use. 

Since then, a number of other states have followed suit by legalizing or decriminalizing both medicinal and recreational marijuana use. In 2012, Colorado and Washington became the first two states to legalize recreational marijuana use, setting the stage for the current wave of marijuana legalization. 

In 2018, Vermont became the first state to legalize recreational marijuana use through legislative action, rather than a ballot measure. This trend towards greater acceptance of marijuana use has been accompanied by a decrease in public stigma and an increase in public support for its legalization. 

A 2020 Gallup poll found that 68% of Americans support making marijuana legal, up from just 32% in 2005. This shift in public opinion has been reflected in lawmakers’ attitudes towards marijuana legalization and reforms to criminal justice laws. 

The states that have fully legalized marijuana now provide a number of opportunities for individuals to purchase and consume cannabis legally, including recreational dispensaries, medical dispensaries, social clubs, and delivery services. 

A growing number of states are making progress towards creating a legal framework for marijuana businesses to operate within. This includes developing regulations for taxation, zoning, product safety testing, advertising and marketing restrictions, among other areas. 

Marijuana legalization is still an evolving issue in the US, with more states likely to legalize or decriminalize marijuana in the near future. As this happens, legal marijuana businesses will play an increasingly important role in providing safe and regulated access to cannabis products. 

States That Allow Medical Marijuana Use Only

Currently, 33 states and the District of Columbia have passed legislation allowing for medical marijuana use in some form. 

These include: 

Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii , Illinois, Louisiana, Maine , Maryland , Massachusetts , Michigan , Minnesota , Montana , Nevada , New Hampshire , New Jersey , New Mexico , New York, North Dakota , Ohio , Oklahoma, Oregon , Pennsylvania , Rhode Island, Utah , Vermont , Washington, and West Virginia. 

The process of legalizing medical marijuana in each state varies. Generally, the first step is for an individual to obtain a recommendation from a licensed physician stating that they may benefit from the use of medical marijuana. 

Depending on the particular state, this can involve anything from providing proof of residency and obtaining a cannabis card or registration number to paying a fee and submitting a medical marijuana application. Once the individual has obtained a recommendation, they must then register with the state and obtain their medical marijuana card or registration number. 

This allows them to purchase medical marijuana from licensed dispensaries in the state. In some states, there are also restrictions on who is eligible for medical marijuana use, such as age and what medical conditions qualify. 

Some states also mandate that individuals obtain a medical marijuana card in order to purchase products from licensed dispensaries. This requires an additional step of submitting fingerprints and photos for background checks. 

States With Limited Cannabis Programs

States With Limited Cannabis Programs include: Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Ohio and Rhode Island. In these states cannabis is legally accessible for medical purposes only. This means that the sale and possession of marijuana products is only permitted to hold a valid medical cannabis card. 

The products available through these programs are typically limited to oils, capsules, and other forms of non-smoked consumption. The amount of product that can be purchased at one time is strictly regulated by each state’s laws. 

In some states with Limited Cannabis Programs, such as Minnesota and New York, there are also some decriminalization laws in place. This means that individuals caught with a small amount of marijuana may not be charged with a criminal offense, but instead receive a citation or fine. 

Ultimately, the term “limited” simply means that cannabis programs in these states are only accessible for medical purposes and do not yet allow for recreational use. As more states move towards legalizing recreational marijuana, the definition of “limited” may change as well. 

States That Have Decriminalized Possession Of Small Amounts

Decriminalization is the process of reducing or eliminating criminal penalties for specific activities, such as possession of small amounts of marijuana. While decriminalization does not necessarily make an activity legal, it may reduce or eliminate punishments associated with the activity.

Currently, 15 US states have decriminalized the possession of small amounts of marijuana. These states are: Alaska, California, Colorado, Connecticut, Illinois, Maine, Massachusetts, Minnesota, Mississippi, Nevada, New Hampshire, New York, Ohio, Oregon and Washington. 

In these states, possession of small amounts of marijuana (1 ounce or less) is generally considered a civil offense rather than a criminal one. Fines and community service are usually imposed as punishment, rather than jail time. 

States Where All Forms Of Cannabis Remains Illegal

Unfortunately, there are still a number of states where all forms of cannabis remain illegal. These include: Alabama, Arkansas, Idaho, Kansas, Mississippi, Nebraska, North Carolina, South Carolina and Wyoming. 

Possession of even small amounts of marijuana in these states can lead to serious criminal penalties including jail time. If you live in one of these states, it’s important to be aware of the current laws and regulations. 

In some states, it is illegal for any form of cannabis or THC-containing products (including CBD) to be purchased or sold. It’s important to check your local laws before making any purchases. In addition, certain other states have more restrictive medical marijuana laws, including: Delaware, Hawaii, Iowa, Louisiana and West Virginia. 

These states only allow for a limited number of qualifying conditions to access medical marijuana. Again, it’s important to check your local laws before attempting to purchase or use marijuana in any form. 

Final Word

The legalization of marijuana has been a contentious issue for many years, but more and more US states are recognizing the potential benefits it can bring.  With the number of states that have legalized cannabis growing each year, it’s clear that attitudes towards this drug are changing in favor of its use as an accepted substance. As such, businesses should be aware of their local laws regarding marijuana usage so they can ensure compliance with any applicable regulations or restrictions. 

Companies may want to consider strategies to capitalize on these new markets if they offer products or services related to legal cannabis consumption. Ultimately, only time will tell how much further the trend goes in terms of legalizing recreational marijuana across America.