It may feel like more and more states are joining the green revolution, and you’re not wrong. The legalization of cannabis across the United States is progressing at a significant pace. While the initial rush of states legalizing adult-use cannabis might seem to have slowed slightly, this is largely because a substantial number of states have already taken action. However, the momentum is far from over. Since our last comprehensive overview, numerous states have enacted new laws concerning recreational and medical cannabis, even amidst some setbacks in ballot initiatives and persistent opposition in certain regions.
The conversation in the U.S. has shifted from if to when federal policy will catch up with public opinion and state-level actions, ultimately ending federal prohibition. By 2022, it was reported by Politico that over 155 million Americans resided in states with legal cannabis, bringing the nation closer to a point where a majority of the population lives in areas with access to legal marijuana. States continue to pave their own paths, establishing frameworks for medicinal, recreational, or both types of legal cannabis markets.
Here’s an up-to-date look at the cannabis legalization landscape across all 50 states, providing a clear picture of where cannabis stands legally today.
Alabama
Status: Medically Legal
Alabama legalized medical cannabis in 2021, with Governor Kay Ivey signing the bill into law. However, the state’s medical cannabis program is one of the most restrictive in the nation. Approved forms of cannabis are limited to capsules, lozenges, oils, suppositories, topical gels, and patches. Smokeable flower, vaping products, and edibles are prohibited. Qualifying conditions for medical cannabis are specifically listed, and patients will need to wait until late 2023 at the earliest for dispensaries to open, according to the Alabama Medical Cannabis Commission (AMCC).
Despite its limitations, this medical bill marks a significant shift in a state known for strict cannabis laws. Historically, Alabama has had “draconian” cannabis laws, as noted by the Southern Poverty Law Center. ACLU data from 2018 revealed that Black individuals in Alabama were over four times more likely to be arrested for cannabis possession than white individuals. Legislative efforts to modify the medical program continue, with bills like SB 42 from 2023 aiming to reduce penalties for possession.
Alaska
Status: Fully Legal
Alaska was a pioneer in cannabis legalization, first legalizing medical marijuana in 1998. However, the initial law lacked provisions for sales. In 2014, Alaska became one of the early states to legalize recreational cannabis through a voter-approved ballot measure. The rollout faced initial hurdles, including slow dispensary openings and logistical challenges in supplying remote areas, particularly those accessible only by air travel, which falls under federal jurisdiction.
Since the first dispensary opened in 2016, the market has grown substantially. Anchorage, housing 40% of Alaska’s population, saw $9 million in cannabis sales in 2020, a 25% increase from the previous year. In 2021, cannabis excise taxes contributed $28.9 million to the state’s general fund. Alaskans pay the highest adult-use flower taxes in the U.S., with approximately $57.50 paid per ounce of cannabis in December 2022, as reported by the Tax Policy Center.
Arizona
Status: Fully Legal
Arizona legalized medical cannabis in 2010 and further embraced cannabis legalization by approving recreational use in 2020. The voter-approved measure allows adults 21 and over to possess up to one ounce of cannabis, cultivate up to six plants, and provides for the expungement of criminal records for certain cannabis-related offenses. Arizona quickly established market regulations and issued licenses, leading to the first recreational sales in late January 2021.
In 2022, Arizona’s total cannabis sales exceeded $1.4 billion, with adult-use purchases accounting for nearly 70% of the market. This robust market reflects Arizona’s swift and effective implementation of recreational cannabis legalization.
Arkansas
Status: Medically Legal
Arkansas legalized medical cannabis in 2016. Registered patients and caregivers can possess up to 2.5 ounces of cannabis to treat qualifying medical conditions. Since the first dispensary opened in 2019, Arkansas residents have spent over $250 million on medical cannabis. In 2022, the state’s medical cannabis sales reached a record high of over $273 million.
Despite the success of the medical program, Arkansas voters rejected a recreational cannabis legalization initiative, Issue 4, in November 2022. Over 56% of voters opposed the measure, indicating continued resistance to recreational legalization in the state.
California
Status: Fully Legal
California is a pioneer in cannabis legalization, having legalized medical marijuana in 1996 with Proposition 215. The state further solidified its position by legalizing adult-use cannabis in 2016. However, the rollout of recreational cannabis in California has faced challenges. High taxes and licensing costs created barriers for existing retailers and consumers, allowing the illicit market to persist.
Despite legal market sales reaching $5.3 billion last year, this figure represents an 8% decrease from 2022, marking the first decline since legalization. California’s experience has highlighted the importance of addressing the illicit market and ensuring affordability for consumers in new legalization frameworks. The state is now attempting to rectify these issues, aiming to convert unlicensed operators into legal businesses and make legal cannabis more accessible.
Colorado
Status: Fully Legal
Colorado was the first state to establish a recreational cannabis market after voters approved a ballot initiative in 2012. The state has seen significant financial benefits, collecting over $2.3 billion in retail tax revenue since the market’s inception. A portion of cannabis tax revenue, 12.59%, is allocated to the State Public School Fund.
However, Colorado’s cannabis industry has faced criticisms, particularly regarding social equity and environmental impact. The industry remains overwhelmingly white-owned, lacking sufficient social equity measures. In response, Governor Jared Polis signed a bill in 2021 to establish a social equity program providing resources to communities disproportionately affected by the war on drugs. Environmental concerns have also emerged, with a 2021 study indicating that indoor cannabis cultivation in Colorado produces more greenhouse gas emissions than the state’s coal industry. Colorado officials launched a program in February 2023 to promote energy efficiency among cannabis cultivators. Despite these challenges, the market remains robust, although sales in 2022 declined to approximately $1.7 billion from $2.2 billion in 2021.
Connecticut
Status: Fully Legal
Connecticut legalized recreational cannabis in June 2021, allowing adults 21 and over to possess up to 1.5 ounces of cannabis. The state’s commercial market launched in January 2023, ahead of initial expectations. A key feature of Connecticut’s legalization framework is its emphasis on social equity, with half of business licenses reserved for social equity applicants. The state allocates up to $50 million for social equity ventures during startup.
Nineteen dispensaries were operational in Connecticut as of April 2023. Starting July 1, 2023, 60-75% of excise tax revenue will be directed to the Social Equity and Innovation Fund. Connecticut has also maintained a medical marijuana program for nearly a decade, with approximately 47,000 registered patients. In early 2023, prosecutors in Connecticut dropped over 1,500 cannabis convictions and modified another 600 cases involving cannabis, further demonstrating the state’s commitment to cannabis reform.
Delaware
Status: Medically Legal
Delaware legalized medical cannabis in 2011, but recreational legalization faces resistance from Governor John Carney, despite the state’s Democratic supermajority in the legislature. While a recreational use bill advanced through a House committee in March 2021, Governor Carney expressed continued concerns about legalization. Home cultivation remains prohibited in Delaware.
In March 2023, the state Senate passed two bills, HB 1 and HB 2, related to legalization and sales, sending them to the Governor. Governor Carney has remained noncommittal about signing these bills, leaving the future of recreational cannabis legalization uncertain in Delaware.
Florida
Status: Medically Legal
Florida allows medical cannabis dispensaries to operate with a doctor’s recommendation. However, access can be limited in certain areas, particularly in North Florida. Home cultivation for medical patients is not permitted. Florida also imposes THC limits on medical cannabis products, including edibles, vaporizers, capsules, tinctures, and topicals, set in August 2022.
Despite these restrictions, there is ongoing momentum for recreational legalization. Democrats are pushing for a recreational use bill, and a poll in March 2021 indicated that 58% of Floridians support adult-use legalization. An industry-backed initiative to place recreational legalization on the 2024 ballot is gaining traction, having gathered over 70% of the required signatures as of April 2023. The initiative requires over 891,000 signatures and a state Supreme Court review to qualify for the ballot.
Georgia
Status: Low-THC Products Medically Legal
Georgia permits medical use of high-CBD/low-THC cannabis products, but its 5% THC cap severely restricts the program’s scope, falling short of a comprehensive medical cannabis market. Other THC products remain illegal. In 2018, Georgia had the 5th-highest cannabis-related arrest rate in the U.S., with over 50,000 arrests. While arrests have decreased, nearly 21,500 arrests still occurred in 2021.
Efforts to reform cannabis laws in Georgia have faced obstacles. The Georgia Justice Act, introduced in 2020 to decriminalize low-level possession, did not pass. A January 2023 poll revealed that 53% of Georgians support adult-use legalization. However, Republican control of the legislature may hinder progress on broader legalization efforts.
Hawaii
Status: Medically Legal
Hawaii has legalized medical cannabis and decriminalized possession of small amounts (under three grams) in 2019, but lacks a recreational program. Lawmakers have been attempting to legalize recreational use for some time. In February 2021, Senate committees approved bills to increase decriminalization limits and legalize adult-use cannabis, but neither bill passed.
With a new, legalization-friendly governor, Josh Green, elected in December 2022, hopes for recreational legalization have risen. However, efforts in the 2023 Senate session failed. Despite setbacks, with a two-year legislative window, there is still potential for progress on cannabis legalization in Hawaii before the 2024 session ends.
Idaho
Status: Fully Illegal
Idaho maintains a strict prohibition on cannabis. Any product containing THC is illegal in the state. Idaho has actively worked to prevent cannabis legalization. In early 2021, the state Senate voted to enshrine cannabis prohibition in the State Constitution, though this measure ultimately failed in the House.
In 2023, efforts to increase voter-signature requirements for ballot initiatives were also defeated. Despite these setbacks, activists announced a ballot initiative effort in November 2022, aiming for the 2024 ballot. One cannabis-related bill, ID H0095, passed in 2023, clarifying the legality of animal-based hemp remedies. A bill introduced in March 2023 by a Republican House committee chairman offers a potential avenue for medical cannabis reform in Idaho.
Illinois
Status: Fully Legal
Illinois legalized recreational cannabis in 2019 with a focus on social equity. The legalization plan included provisions for expungement or pardons for nearly half a million individuals with low-level, nonviolent cannabis convictions. Some jurisdictions, like Evanston, are directing cannabis tax revenue to reparations programs for communities disproportionately impacted by the war on drugs.
Illinois has become a hub for cannabis businesses, with both equity and non-equity ventures seeking licenses. In April 2023, the state Senate passed a bill prohibiting police searches of vehicles based solely on cannabis odor. Despite efforts to promote equity, the Illinois cannabis market faces scrutiny for its lack of equitable license holders. Nonetheless, Illinois cannabis sales reached a record high in 2022, exceeding $1.5 billion in adult-use sales.
Indiana
Status: Fully Illegal
Indiana maintains a strict prohibition on cannabis. While Governor Eric Holcomb signed a bill legalizing CBD in 2018, penalties for products with over 0.3% THC remain severe. Governor Holcomb has opposed all efforts to legalize cannabis, blocking reform bills in the General Assembly.
Despite 17 cannabis reform bills filed during the 2023 legislative session, none advanced out of committee. Indiana remains resistant to cannabis legalization under the current administration.
Iowa
Status: CBD Medically Legal
Iowa’s medical cannabis program is limited, with only about 5,000 registered patients and restrictions on flower use. The Republican-controlled legislature is unlikely to expand the program, despite public support for legalization. A 2023 poll indicated 58% of Iowans support adult-use legalization, down from 78% in a 2021 poll.
Democratic lawmakers have proposed plans to put legalization on the ballot as early as 2024. In 2022, Democratic lawmakers introduced a legalization bill and focused on tax exemptions for medical cannabis sales. Of the 11 cannabis bills introduced in 2023, none have progressed out of committee.
Kansas
Status: Low-THC Products Medically Legal
Kansas prohibits all cannabis forms, with limited exceptions for CBD products containing less than 0.5% THC for specific medical conditions. In February 2021, Democratic Governor Laura Kelly proposed medical cannabis legalization to fund Medicaid expansion. However, these efforts, like previous attempts to expand Medicaid, have been unsuccessful.
Medical cannabis legalization efforts continue to face significant resistance in Kansas. After failing to pass a medical cannabis bill in 2022, Governor Kelly urged public pressure on lawmakers to take action. As of April 2023, medical legalization remains stalled in Kansas.
Kentucky
Status: Medically Legal
Kentucky recently legalized medical cannabis, becoming the 38th state to do so. Governor Andy Beshear signed SB 47 into law on March 31, 2023. However, the law will not take effect until January 1, 2025.
The law permits registered patients to possess a 30-day supply at home and a 10-day supply on person. Specific supply limits and pricing are still being determined by the state Cabinet for Health and Family Services. Home cultivation remains prohibited under the new law.
Louisiana
Status: Medically Legal
Public support for recreational cannabis legalization is strong in Louisiana, with two-thirds of voters in favor in 2021 and 58% in 2022. However, legalization efforts have progressed slowly. Louisiana enacted medical cannabis laws in 1991, but a comprehensive program did not emerge until 2016. Initially, only tinctures were permitted for limited conditions. Since then, gummies and other extracts have been allowed, and in June 2021, Governor John Bel Edwards signed a bill legalizing smokable medical cannabis. He also signed a bill decriminalizing possession.
In 2022, nine cannabis-related bills were signed into law, covering topics such as medical reciprocity, employee participation in the medical program, and dispensary expansion. All 13 cannabis bills introduced in the 2023 legislative session remain in committee. Governor Edwards has signaled a crackdown on unlicensed THC products, while maintaining his opposition to further legalization.
Maine
Status: Fully Legal
Maine legalized recreational cannabis in 2016, but the retail market did not launch until October 2020. Concerns have arisen about large multi-state cannabis companies entering Maine’s market, potentially overshadowing smaller, legacy growers who have been part of the medical program since 1999. In August 2022, a federal appeals court ruled that Maine’s non-resident business prohibition was unconstitutional, potentially opening the door to more corporate influence.
With 31 cannabis bills filed in 2023, further changes are anticipated in Maine’s cannabis landscape, including debates on on-site consumption. Despite these shifts, state cannabis sales doubled in 2022, driven by local, high-quality products.
Maryland
Status: Fully Legal
Maryland initially struggled to advance adult-use legalization due to concerns about social equity, particularly given the state’s history with the war on drugs. Two social equity-focused bills progressed in the legislature in 2021 but did not advance beyond committee hearings. However, after voters approved a constitutional amendment, Question 4, in 2022, lawmakers were compelled to enact adult-use reform.
Legalization legislation passed the Senate in early April 2023 and awaits Governor Wess Moore’s signature, which is expected. Sales are slated to begin on July 1, 2023. Maryland’s path to legalization reflects a commitment to addressing social equity concerns within its cannabis framework.
Massachusetts
Status: Fully Legal
Massachusetts legalized recreational cannabis in 2016, becoming one of the first East Coast states to do so. However, retail sales did not begin until July 1, 2018, and the rollout of dispensaries was initially slow. The pandemic further complicated the market, with medical dispensaries deemed essential while recreational ones were temporarily closed.
Despite initial delays, momentum has significantly increased. As of January 2023, total adult-use sales in Massachusetts exceeded $4 billion. By November 2022, over 225 retail dispensaries were operating statewide. Massachusetts’ market is now experiencing robust growth after a slower initial phase.
Michigan
Status: Fully Legal
Michigan voters overwhelmingly legalized recreational cannabis in 2018, with dispensaries opening in late 2019. Adults 21 and over can possess up to 2.5 ounces of cannabis, 15 grams of concentrate, and cultivate up to 12 plants. Public consumption remains prohibited. In October 2020, Governor Gretchen Whitmer signed legislation allowing expungement of records for low-level cannabis convictions.
Michigan’s cannabis market has experienced significant growth. In December 2022, the state achieved a record-breaking single-month sales figure of over $221 million. Banking bills are also under consideration. However, a recent scandal involving the former chair of the state licensing board, charged in a bribery case, has cast a shadow over the market.
Minnesota
Status: Medically Legal
Minnesota has had medical cannabis since 2014 and has been considering adult-use legalization for years. A legalization bill in 2021 aimed to address criminal justice reform and create equitable opportunities in the cannabis market but did not pass.
In 2022, lawmakers approved the production and sale of hemp-derived THC edibles, with a 5mg THC cap. This move led to questions about whether Minnesota had inadvertently legalized adult-use cannabis in a limited form. Former Majority Leader Ryan Winkler launched his own edible brand in 2023. While these edibles are legal, broader recreational rules and products remain prohibited. In 2023, a recreational cannabis bill, HF 100, was introduced, proposing to allow possession of up to five pounds of flower, home grow, and other provisions. The bill was referred to the Ways and Means committee in April 2023.
Mississippi
Status: Fully Illegal
Mississippi became the 37th state to legalize medical cannabis, with Governor Tate Reeves signing SB 2095 into law on February 2, 2022. This legislation followed voter consideration of two medical cannabis ballot initiatives in 2020. Initiative 65, a broader legalization measure, received 74% voter support.
The enacted bill is considered a compromise between the two ballot initiatives. It allows patients to purchase and possess up to 3.5 grams of flower, 100mg of infused products, and one gram of extracted oil. Flower potency is capped at 30%, and home cultivation is prohibited.
Missouri
Status: Fully Legal
Missouri voters initially legalized medical cannabis in 2018. Continuing the trend towards legalization, voters approved Amendment 3 in November 2022, legalizing adult-use cannabis. Adults 21 and over can purchase up to three ounces per transaction. Sales began in February 2023 and have been robust.
State data from March 2023 indicated Missouri cannabis sales reached $126 million, with projections of $1 billion in sales for the year. Missouri’s market is experiencing strong early growth after recreational legalization.
Montana
Status: Fully Legal
Montana voters approved cannabis ballot initiatives in November 2020, legalizing recreational cannabis. Adults 21 and over can possess up to one ounce of flower, eight grams of concentrate, and cultivate up to four plants (max eight per household). Dispensaries opened in January 2022.
Since legalization, conservative lawmakers have sought to modify Initiative 190. Governor Greg Gianforte proposed redirecting cannabis revenue from environmental efforts to law enforcement. Lawmakers also attempted to restrict adult-use dispensaries and impose THC caps through SB 546, but the measure was tabled in March 2023. SB 546 also proposed increasing medical product taxes and limiting home grow to one mature plant.
Nebraska
Status: THC Illegal
Cannabis remains illegal in Nebraska. In March 2021, the state Senate Judiciary Committee approved a medical cannabis legalization bill, but it did not progress further. A medical cannabis ballot initiative effort for 2022 fell short of signature requirements. In January 2023, Senator Anna Wishart refiled a medical legalization bill from 2021 as part of three cannabis reform bills introduced this year. LB 588’s latest action was a hearing notice in February 2023.
Nevada
Status: Fully Legal
Nevada legalized recreational cannabis through a ballot measure in 2016, with sales commencing in 2017. Adults over 21 can possess up to one ounce of flower and 3.5 grams of concentrate. Nevada has also taken steps towards restorative justice, with Governor Steve Sisolak pardoning over 15,000 individuals with cannabis-related convictions in 2020.
The market continues to evolve. In 2021, AB 341 approved cannabis consumption lounges. In 2022, 40 lounge licenses were granted to standalone shops and existing dispensaries, with lounges expected to open soon. Cultivators are advocating for revisions to tax codes they argue threaten their business viability.
New Hampshire
Status: Medically Legal
New Hampshire maintains a relatively conservative stance on cannabis. Medical marijuana is legal, with nearly 12,000 registered patients as of May 2021. A limited number of dispensaries operate, and personal cultivation is prohibited. Democrats introduced a recreational cannabis bill in January 2021, proposing low taxes, home grow, and retail sales, but it did not pass.
The House passed two legalization bills in the current session, with HB 639 sent to the Senate recently. HB 639 would allow adults to purchase and possess up to four ounces but prohibit home grow. Despite being known for libertarian values, New Hampshire has been slow to adopt recreational cannabis legalization.
New Jersey
Status: Fully Legal
New Jersey had a protracted path to cannabis legalization. Medical marijuana was legalized in 2010, but initial implementation was restrictive under Governor Chris Christie. Governor Phil Murphy significantly expanded the medical program in 2018. Recreational cannabis was approved via ballot initiative in 2020, and sales began on April 21, 2022.
New Jersey’s cannabis market is showing strong growth. In December 2022, the state Cannabis Regulatory Commission reported a $100 million sales increase in Q3 2022, totaling over $177 million for the quarter. The state is now focused on legitimizing cannabis businesses and providing tax relief. Lawmakers sent Governor Murphy a bill in March 2023 allowing state operators to claim business deductions on state taxes.
New Mexico
Status: Fully Legal
New Mexico legalized recreational cannabis in April 2021, becoming the 17th state to do so. The Cannabis Regulation Act allows adults 21 and over to possess up to two ounces of flower, cultivate up to six plants at home, and includes automatic expungement for low-level cannabis offenses. Retail sales commenced in April 2022.
While expungements were intended to be automatic, technical issues caused delays in some cases. Governor Lujan Grisham signed HB 314 into law to expedite expungement processes. New Mexico’s recreational cannabis market has seen strong sales, exceeding $300 million in the first year.
New York
Status: Fully Legal
New York legalized recreational cannabis in March 2021, enacting some of the most progressive cannabis legislation in the U.S. The law permits adults 21 and over to possess up to three ounces of flower, cultivate three plants per person (six per household), and consume cannabis in most places where cigarette smoking is allowed. Medical home grow is permitted, and recreational home grow is expected to be approved in 2024.
The Marihuana Regulation and Taxation Act (MRTA) includes restorative justice provisions, such as automatic expungement and community reinvestment of tax revenue. Since legalization, New York’s market rollout has been marked by a proliferation of unlicensed shops, creating challenges similar to those faced by California in managing the illicit market.
North Carolina
Status: Low-THC Products Medically Legal
Cannabis remains largely illegal in North Carolina. In April 2021, Senator Bill Rabon introduced the Compassionate Care Act, a medical cannabis bill. Public support for cannabis legalization is growing, with a 2023 poll indicating 73% support for medical cannabis legalization. In 2022, the Senate passed SB 711, a medical cannabis measure, but it did not advance in the House.
In 2023, several cannabis bills are under consideration. SB 3, the NC Compassionate Care Act, is headed for a House vote. SB 346 proposes decriminalizing small amount possession for adults 21 and over and automatic expungement of possession records by 2026. SB 346 passed its first House hurdle in March 2023.
North Dakota
Status: Medically Legal
North Dakota legalized medical marijuana in 2016 after a failed ballot initiative in 2012. Recreational legalization efforts have been more challenging. A 2018 recreational ballot initiative was rejected by nearly 60% of voters. HB 1420, which passed the House in early 2023, aimed to legalize recreational cannabis but was defeated in the Senate. A subsequent effort to place legalization on the 2022 ballot also failed.
Recent changes include allowing hospice patients to participate in the medical program, enacted in March 2023. North Dakota’s path to cannabis legalization remains uncertain after multiple setbacks.
Ohio
Status: Medically Legal
Ohio legalized medical cannabis in 2016, and over 322,000 individuals have registered as patients. Cannabis is technically decriminalized, with possession of under 100 grams considered a misdemeanor. Some local jurisdictions have further reduced or eliminated penalties. A full legalization ballot initiative failed in 2015.
A new bill proposing full decriminalization of possession and cultivation was introduced in March 2021 but did not progress. In November 2022, five additional jurisdictions voted to decriminalize cannabis. Adult-use legalization could be on the ballot in 2024 but remains uncertain. Lawmakers are also considering overhauling the state’s medical cannabis program.
Oklahoma
Status: Medically Legal
Oklahoma’s medical cannabis market, established after a 2018 ballot initiative, is known for its accessibility and rapid growth. With low licensing fees and no license caps, Oklahoma has become a prominent cannabis market. It’s estimated that one in ten Oklahoma adults has a medical cannabis card. However, a two-year license freeze was implemented in August 2022 due to market saturation.
A recreational cannabis ballot initiative in March 2023 was unexpectedly defeated, with almost 62% of voters opposing the measure. Despite the established medical market, recreational legalization faces challenges in Oklahoma.
Pennsylvania
Status: Medically Legal
Pennsylvania has had a medical marijuana program for seven years, with over 700,000 patients and caregivers registered as of July 2022. Public support for adult-use legalization is strong, with polls indicating approximately two-thirds of voters in favor. Lieutenant Governor (now Senator) John Fetterman has been a vocal advocate for legalization.
Governor Josh Shapiro called for legalization in his annual budget request in March 2023, reigniting the debate. Four cannabis bills have been introduced in the 2023 legislative session, but none have progressed through committee. Pennsylvania remains a state poised for potential recreational cannabis legalization.
Rhode Island
Status: Fully Legal
Rhode Island legalized recreational cannabis in May 2022 after legislative proposals and a competing plan from Governor Dan McKee. The final legislation includes a six-plant home grow cap. Sales began in December 2022, with approximately $2.9 million in sales in the first 20 days.
Both legislative and gubernatorial proposals addressed social equity and licensing procedures. Home grow provisions were a key point of difference initially, with the legislature’s bill allowing home grow while the Governor’s initially did not.
South Carolina
Status: CBD Medically Legal
South Carolina maintains a largely prohibitionist stance on cannabis. However, Republican Senator Tom Davis has been a strong advocate for medical cannabis reform. In April 2021, Senator Davis threatened to block other legislation if his medical cannabis bill was blocked. Despite this, the effort was unsuccessful. In January 2023, he introduced a revised S.C. Compassionate Care Act.
The bill would not permit smokable cannabis or home cultivation, allowing only edibles, vape oils, and topicals. Public support for medical legalization is high in South Carolina, with a mid-April 2023 poll indicating 76% approval, consistent with a 2021 poll showing 72% support.
South Dakota
Status: Medically Legal
South Dakota voters approved both medical and recreational cannabis initiatives in November 2020. However, Republican Governor Kristi Noem challenged the recreational provision in court, and the state Supreme Court struck it down. A new adult-use ballot measure in 2022 fell short by approximately 20,000 votes.
Governor Noem has maintained an anti-cannabis stance, vetoing a bill in March 2023 that would have increased THC limits in hemp. While medical cannabis is legal, recreational legalization faces significant hurdles in South Dakota.
Tennessee
Status: Low-THC Products Medically Legal
Tennessee’s medical cannabis program is very limited and has faced challenges since its initial passage in 2014. Early iterations of the program were ineffective due to stringent requirements. Subsequent modifications allowed patients to bring products from other states (illegally) and then restricted products to extremely low-THC, essentially CBD-only. Governor Bill Lee signed a bill in May 2021 to expand the program slightly and create a commission to study a more comprehensive medical program.
No significant cannabis reform bills advanced in 2022. Given the state legislature’s current focus on other controversial issues, further cannabis reform in Tennessee is unlikely in the near term.
Texas
Status: Low-THC Products Medically Legal
Texas maintains a strict approach to cannabis, although arrests have declined since 2019. In 2021, over 22,500 cannabis arrests were made. Criticism persists regarding racial disparities in arrests. A 2021 decriminalization bill passed a House committee but did not progress further.
Texas allows medical use of low-THC products for a narrow set of conditions. Governor Greg Abbott signed a bill in June 2021 adding PTSD to qualifying conditions and doubling the allowed THC concentration in medical products. Voters express support for less restrictive cannabis laws. HB 1805, a House bill under consideration, proposes adding chronic pain as a qualifying condition and replacing THC caps with dosage limits. The House passed HB 1805 in April 2023, and it now moves to the Senate.
Utah
Status: Medically Legal
Utah legalized medical cannabis after a challenging path, facing opposition from the Church of Latter Day Saints. While voters approved a medical cannabis initiative in 2018, lawmakers enacted a more restrictive law, removing provisions like home grow. At least 20 dispensaries have opened statewide.
The Church of Latter Day Saints remains strongly opposed to recreational cannabis use, making adult-use legalization unlikely in Utah in the near future.
Vermont
Status: Fully Legal
Vermont became the first state to legalize recreational cannabis through state legislature in 2018. Adults 21 and over can possess up to one ounce of flower, five grams of concentrate, and cultivate six plants. Sales officially began in October 2022, allowing adults to purchase up to one ounce of THC in various product forms.
Virginia
Status: Fully Legal
Virginia became the first state in the South to legalize recreational cannabis in April 2021. Governor Ralph Northam accelerated the effective date to July 1, 2021. However, retail dispensaries are not yet operational, reflecting a focus on social justice and equitable license distribution. Residents can legally grow up to four cannabis plants and possess up to one ounce. Medical patients have access to four dispensaries. Adult-use sales are not yet permitted, leading to some unlicensed pop-up events operating under gifting law interpretations. A bill to start retail sales by 2024 failed in a House subcommittee in February 2023.
Washington
Status: Fully Legal
Washington state legalized recreational cannabis in 2012. Governor Jay Inslee has highlighted the program’s success in reducing law enforcement activity, creating jobs, and providing personal freedom without negative health impacts. Efforts to legalize home grow were defeated in 2022.
Recent legislative efforts in Washington have focused on job applicant protections and interstate commerce for cannabis businesses. Washington’s established recreational market continues to evolve.
Washington, D.C.
Status: Fully Legal
Cannabis is legal for adult use in Washington, D.C., but federal restrictions limit its implementation. Sales remain illegal due to a congressional rider in the federal budget, hindering the establishment of a recreational market. Dispensaries are limited to medical patients.
Local lawmakers have focused on expanding the medical program. The Medical Cannabis Amendment Act of 2022, signed by Mayor Muriel Bowser, allows adults 21 and over to self-certify as medical patients, effectively bypassing the need for a doctor’s recommendation and moving closer to de facto adult-use access.
West Virginia
Status: Medically Legal
West Virginia introduced several cannabis bills in the 2021 session, including legalization and decriminalization measures, but none progressed. The state’s medical program, signed into law in 2017, began patient registration in February 2023. Licenses have been issued to growers, processors, and dispensaries. No significant cannabis reform measures passed in 2022. Twenty-three cannabis bills are currently in committee in 2023.
Wisconsin
Status: CBD Medically Legal
Wisconsin maintains a strict prohibition on cannabis. Democratic Governor Tony Evers supports full legalization, but the conservative state legislature has resisted. Bipartisan discussions for medical cannabis reform are ongoing in the 2023 session, but significant limitations are expected to be necessary for any progress.
Wyoming
Status: CBD Medically Legal
Wyoming prohibits all forms of cannabis and enforces strict penalties. The state has consistently high cannabis-related arrest rates. Racial disparities in arrests are also significant. Legalization efforts have seen some bipartisan momentum, but HB 209, a 2021 adult-use legalization bill, failed to pass. Two ballot initiatives for the 2024 ballot failed to qualify in March 2023 due to signature requirements.
This information is for informational purposes and may not reflect the most current legal changes. Consult with legal counsel for specific legal advice.
