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Legality of Cannabis in the USA

In the United States, the use and possession of cannabis is illegal under federal law for any purpose, by way of the Controlled Substances Act of 1970.

October 14, 20213 min read

  Legal for recreational use   Legal for medical use   Illegal D Decriminalized

Marijuana laws in the United States

In the United States, the use and possession of cannabis is illegal under federal law for any purpose, by way of the Controlled Substances Act of 1970.

Under the CSA, marijuana is classified as a Schedule I substance, determined to have a high potential for abuse and no accepted medical use – thereby prohibiting even medical use of the drug. However, at the state level policies regarding the medical and recreational use of cannabis vary greatly, and in many states conflict significantly with federal law.

The medical use of cannabis is legal, with a doctor's recommendation, in 36 states, four out of five permanently inhabited U.S. territories, and the District of Columbia. Twelve other states have laws that limit THC content, for the purpose of allowing access to products that are rich in cannabidiol (CBD), a non-psychoactive component of cannabis. Although cannabis remains a Schedule I drug, the Rohrabacher–Farr amendment prohibits federal prosecution of individuals complying with state medical cannabis laws.

The recreational use of cannabis is legalized in 18 states, the District of Columbia, the Northern Mariana Islands, and Guam. Another 13 states and the U.S. Virgin Islands have decriminalized its use. Commercial distribution of cannabis has been legalized in all jurisdictions where possession has been legalized, except the District of Columbia.

Although the use of cannabis remains federally illegal, some of its derivative compounds have been approved by the Food and Drug Administration for prescription use. Cannabinoid drugs which have received FDA approval are Marinol (THC), Syndros (THC), Cesamet (nabilone), and Epidiolex (cannabidiol). For non-prescription use, cannabidiol derived from industrial hemp is legal at the federal level, but legality and enforcement varies by state.

United States jurisdictions with legalized recreational cannabis
JurisdictionLegalization dateLicensed sales since
Washington (state)December 6, 2012July 8, 2014
ColoradoDecember 10, 2012January 1, 2014
AlaskaFebruary 24, 2015October 29, 2016
Washington, D.C.February 26, 2015N/A
OregonJuly 1, 2015October 1, 2015
CaliforniaNovember 9, 2016January 1, 2018
MassachusettsDecember 15, 2016November 20, 2018
NevadaJanuary 1, 2017July 1, 2017
MaineJanuary 30, 2017October 9, 2020
VermontJuly 1, 2018October 1, 2022
Northern Mariana IslandsSeptember 21, 2018Not yet started
MichiganDecember 6, 2018December 1, 2019
GuamApril 4, 2019Not yet started
IllinoisJanuary 1, 2020January 1, 2020
ArizonaNovember 30, 2020January 22, 2021
MontanaJanuary 1, 2021January 1, 2022
New JerseyFebruary 22, 2021Not yet started
New YorkMarch 31, 2021April 1, 2022
New MexicoJune 29, 2021April 1, 2022
VirginiaJuly 1, 2021January 1, 2024
ConnecticutJuly 1, 2021Not yet started