How Many States Is Recreational Marijuana Legal In?

As of 2021, over two-thirds of American states have legalized medicinal marijuana. Meanwhile, more than a third of states (plus D.C.) now permit recreational cannabis. Several of these states have recently come on board.

This article looks at every state (plus the District of Columbia) that has legalized recreational marijuana.

Alaska

Marijuana was decriminalized in Alaska in 1975 but re-criminalized in 1990. The state veered between criminalization and decriminalization in the early 2000s. However, Measure 2, a ballot initiative to make marijuana legal for recreational use, was successful in 2014. It came into effect on February 24, 2015.

It was the third state to allow recreational cannabis, and adults aged 21+ can possess up to one ounce. Alaskans are also permitted to grow six marijuana plants, but only three can be mature and flowering at one time. Possession of marijuana accessories is also legal.

Arizona

Arizonans have fought hard to bring cannabis to their state. They were rewarded when 50.1% of voters said ‘yes’ to Proposition 203 in 2010. It legalized the use of MMJ, and patients could possess up to 2.5 ounces. The state threatened to go further, but Proposition 205, designed to legalize recreational weed, narrowly failed in 2016.

The Smart and Safe Act allows adults to use up to one ounce of marijuana.

However, there was no stopping Proposition 207 in 2020. The Smart and Safe Act allows adults to use up to one ounce of marijuana. Also, every adult in Arizona will be allowed to grow up to six plants at home.

The Arizona Department of Health Services (ADHS) began issuing licenses in early 2021. Retail sales started in February 2021.

California

In 1975, possession of an ounce or less was downgraded to a misdemeanor. The Golden State had the country’s first ballot initiative to legalize pot through Proposition 19 in 1972. Although it was unsuccessful, it paved the way for California to become the first state to legalize medical marijuana in 1996 via Proposition 215.

It took a surprisingly long time for California to legalize recreational weed. It finally did so through Proposition 64 in November 2016. However, recreational sales didn’t begin until January 2018.

Today, adults aged 21+ can purchase, consume, and possess up to an ounce of weed. You can do this either at home or in a specific establishment licensed for weed consumption. You are also allowed to possess up to eight grams of concentrate and cultivate a maximum of six plants in your home.

Colorado

Medical marijuana became legal thanks to Amendment 20 in 2000. However, residents of Colorado had to wait until the enactment of Amendment 64 in November 2012 before the herb became legal recreationally. As is the case with Alaska and California, you must be aged 21+. You can carry a maximum of one ounce of weed.

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You are also only allowed to purchase a maximum of one ounce per transaction. Most stores play it safe and won’t sell to you again that day, even if you come back later. Recreational marijuana laws changed in October 2016. You could possess a maximum of eight grams of concentrate or 800 mg of edibles from then on. Finally, you can grow up to six marijuana plants, but only three can be mature.

Illinois

The state of Illinois permitted an MMJ program in 2013. The number of qualifying conditions grew, and there are currently more than 30. By 2020, the program had over 140,000 patients.

Illinois is one of the most recent cases of a state legalizing recreational cannabis. Its governor is a Democrat, J. B. Pritzker. He is pro-marijuana and outlined his intention to make the herb legal in the state. The state passed the new bill in June 2019, and from January 2020, residents aged over 21 can legally buy cannabis for recreational use.

Maine

Weed was decriminalized in 1976 and became legal for medicinal use in 1999. In 2016, Maine voted ‘Yes’ to Question 1, which resulted in the statewide legalization of recreational marijuana. It was a close-run thing as the measure passed by less than one percentage point!

Residents of Maine had to wait to celebrate, however. The state’s governor vetoed a bill to tax and regulate recreational marijuana sales in November 2017. His veto was finally overturned in May 2018, and the bill became law.

The new law allows Maine residents aged 21+ to possess 2.5 ounces of marijuana and grow up to six flowering plants and 12 immature plants. Also, Maine employers are no longer permitted to test job applicants for cannabis.

Massachusetts

After marijuana was decriminalized in 2008, the state of Massachusetts swiftly moved to have medical cannabis made available. This was made possible in 2012 when Question 3 passed with 60% of the vote.

Fast forward to 2016, and the state legalized recreational weed after Question 4 passed with 54% of the vote.

Fast forward to 2016, and the state legalized recreational weed after Question 4 passed with 54% of the vote. The state made provisions for home cultivation in December 2016. Massachusetts adult residents are now allowed to possess one ounce and can grow up to six plants.

If the residence has more than one adult, it is possible to grow 12 plants as long as they remain obscured from public view. The sale of recreational weed began in July 2018.

Michigan

Medical marijuana was legalized in 2008 after 63% of voters said ‘Yes’ to Prop 1. Recreational use was not decriminalized until 2018. This fact made it mildly surprising that in November 2018, almost 56% of voters voted to legalize weed for recreational use via Proposal 1.

Michigan became the tenth state to allow recreational cannabis and the first in the Midwest. According to the new law, residents of the state can grow up to 12 plants in their residences. You can keep a maximum of 10 ounces in your residence. You must keep amounts over 2.5 ounces in locked containers. Adult-use sales started in December 2019.

Montana

The state of Montana has one of the longest-running MMJ programs in the United States. Over 60% of voters approved Measure I-148 in 2004. Therefore, it was a surprise that it took so long for Montana to take the next step. That said, the state legislature introduced several restrictions on the MMJ program in 2011.

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The state has moved towards a more cannabis-friendly attitude in recent years. The change in stance culminated in the legalization of adult-use cannabis via I-90 and CI-118 in November 2020. The new law will permit adults aged 21+ to possess up to an ounce of weed without an MMJ card.

Also, Montana residents can grow up to four mature plants and four seedlings in a private residence. The law will come into effect from the beginning of 2021. However, recreational sales won’t start until January 2022.

Nevada

Nevada was one of the first states to legalize medical marijuana in 2000. It was no surprise when Question 2, an initiative to legalize recreational cannabis, passed with 54% of the vote in November 2016. The initiative became law in January 2017.

Residents and tourists can purchase up to an ounce of weed as long as they are aged 21+. You are also allowed to possess one-eighth of an ounce of concentrates. Also, you can ‘gift’ up to an ounce of flower or an eighth of concentrate to an adult friend.

You can grow up to six plants per household; 12 plants if there is more than one adult. However, you must either own the property or have received permission from the landlord to grow. Finally, you must live at least 25 miles from the nearest dispensary.

New Jersey

Governor Jon Corzine signed the Compassionate Use Marijuana Act into law on January 18, 2020, his final day in office. The law expanded its list of qualifying conditions over the years. However, attempts to fully legalize cannabis in New Jersey failed, despite the best efforts of campaigners.

This all changed in November 2020. Almost 67% of voters said ‘yes’ to NJ Question 1, which legalized adult-use cannabis. The onus is now on lawmakers to pass enabling legislation to implement the new system. The effective date of the new law is January 1, 2021. However, it is unlikely that the state will have a fully functional recreational sales program until 2022.

New York

In what is huge news for the East Coast, New York legalized recreational cannabis in March 2021. Governor Cuomo signed the legislation into law, thus positioning his state as a major legal marijuana market.

New Yorkers aged 21+ can now possess up to three ounces of cannabis or 24 grams of concentrate.

New Yorkers aged 21+ can now possess up to three ounces of cannabis or 24 grams of concentrate. They can even smoke marijuana in areas where tobacco cigarette smoking is also allowed. Eventually, recreational users will be permitted to grow six plants at home. However, this isn’t possible right now, and adult-use sales probably won’t happen until 2022.

Oregon

In 2014, Measure 91, which legalized recreational cultivation and use of marijuana, was approved. In 2015, Governor Kate Brown signed an emergency bill. It declared that the sale of recreational cannabis from dispensaries was legal from October 2015.

By January 2017, dispensaries were only allowed to sell recreational marijuana if they had an Oregon Liquor Control Commission license.

In Oregon, you are allowed to possess a maximum of one ounce of marijuana. If you are a state resident, you can possess up to eight ounces in your home. Also, you can grow up to four plants. However, even residents are not allowed to possess more than an ounce in public.

South Dakota

This state had several attempts to legalize MMJ, beginning in 2006. The first initiative only failed narrowly. A second attempt in 2010 was nowhere near succeeding, however. Even a 2015 effort to decriminalize pot in South Dakota failed. It seemed as if residents of the state would have to wait many years to see cannabis legalized.

Then, November 2020 happened. South Dakota became the first state to legalize MMJ and recreational cannabis simultaneously! Almost 70% of voters said ‘yes’ to the MMJ program, called Measure 26. Constitutional Amendment A, which allows recreational marijuana use, was a tighter affair as 54.2% voted in favor.

Medical sales will begin in July 2021. Also, residents can grow up to three plants. Adult-use cannabis will take longer, but the state only has until April 2022 to implement rules for a recreational program.

However, there is now a legal challenge against recreational cannabis legalization. The suggestion is that the ballot was unconstitutional. The South Dakota Supreme Court will make a ruling and decide if adult-use cannabis is allowed in the state.

Vermont

In May 2004, Senate Bill 76 passed and legalized medical marijuana. In January 2018, HB 511 passed, which made recreational marijuana legal. It was a landmark moment because Vermont became the first state legislature to legalize recreational cannabis.

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Overall, Vermont’s adult residents are now allowed possession of an ounce of cannabis. Alas, they can only cultivate two plants. At present, there are no sales or revenue provisions, although the state hopes to create a plan soon. The latest news suggests that residents may have to wait until October 2022, though.

Virginia

The state of Virginia recently announced that cannabis would be legal for recreational use from July 2021. Originally, the law wasn’t supposed to come into force until July 2024. However, Governor Northam proposed moving the date forward, and the state Senate narrowly passed the bill.

When the new rules come into force, adults aged 21+ can possess up to an ounce of cannabis. They can also cultivate up to four plants at home. However, commercial sales are unlikely to begin before July 2024.

Washington

Washington was already one of the first states to legalize medicinal marijuana in 1998. Therefore, it wasn’t a shock when it was the first to legalize recreational cannabis on December 6, 2012. It beat Colorado to the punch by four days!

According to Initiative 502, adults in Washington state are allowed to possess:

  • Up to an ounce of usable marijuana
  • Seven grams of concentrate
  • 72 ounces of liquid marijuana-infused product
  • 16 ounces of solid marijuana-infused product

Washington D.C.

In the District of Columbia, cannabis lovers must fight a major battle. For example, medical marijuana was approved through Initiative 59 in 1998. However, it was not brought into law until 2009 due to various Congressional blockages.

In 2014, D.C. voted to legalize recreational marijuana through Initiative 71. On this occasion, there were only 30 days of Congressional review before the law came into effect in February 2015.

Adults aged 21+ can possess up to two ounces of marijuana, but the law isn’t as simple as it is in other states.

Adults aged 21+ can possess up to two ounces of marijuana, but the law isn’t as simple as it is in other states. For example, possession is illegal on federal land, which comprises almost 30% of D.C.’s area.

Also, you don’t buy it in the ‘traditional’ manner. Instead, you must purchase something else and then receive a ‘free’ marijuana product that is ‘donated’ or ‘gifted’ by the seller. Authorities are cracking down on this practice as we speak.

What’s Next for Recreational Marijuana?

It is unlikely that marijuana will become federally legal any time soon. As a result, it is necessary to chip away at the existing laws, state by state. It certainly seems as if the public is finished with the War on Drugs. Residents of Oregon voted to decriminalize all drugs in November 2020.

whats-next-for-recreational-marijuana

Some observers feel as if New Jersey was the tipping point. It became the first state on the East Coast to permit adult-use marijuana. Yes, Vermont and D.C. technically allow it, but neither has a system to facilitate sales. New York has quickly followed suit, as expected. If and when Connecticut and Pennsylvania allow recreational cannabis, the current administration will have a decision to make.

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