Marijuana legalization has been a hot-button topic for decades now even before California became the first state to legalize medical marijuana in 1996. Both sides have their reasons for or against legalizing marijuana for both medical and recreational use and it’s a topic that will continue to be debated for decades to come. 2017 Marijuana Legalization  

How Many States Have Legal Marijuana?

Currently, over half of U.S. states plus Washington D.C. have legalized some form of medical marijuana while 8 states have legalized recreational marijuana use. With ever changing marijuana laws, it can be difficult to know which states have legalized cannabis for medical use or for recreational use and which states have yet to legalize any form marijuana use. As an employer, it can be difficult to decide whether to include marijuana drug testing in your pre-employment drug testing or random drug testing programs. It is important to note that even though marijuana has been legalized in many states, employees in these states are not exempt from a THC test and it’s still legal to perform drug screens that include marijuana drug testing. We know it can be confusing to keep up with all of the different laws so we have put together a table with current marijuana laws for each state.
Last updated on April 6, 2017.
  STATE Marijuana Decriminalized Medical Marijuana Legalized Recreational Marijuana Legalized
1 Alabama   CBD oil only Carly’s Law Jun 11, 2014 Leni’s Law Jun 1, 2016  
2 Alaska   Senate Bill 94 March 4, 1999 Ballot Measure 2 Nov 4, 2014
3 Arizona   Proposition 203 Nov 2, 2010  
4 Arkansas   Issue 6 Nov 9, 2016  
5 California   Proposition215 Nov 6, 1996 Proposition 64 Nov 9, 2016
6 Colorado   Amendment 20 Nov 7, 2000 Amendment 64 Nov 6, 2012
7 Connecticut Senate Bill 1014 Jul 1, 2011 (adult use) House Bill 5389 Oct 1, 2012  
8 Delaware House Bill 39 Dec 18, 2015 (adult use) Senate Bill17 May 13, 2011  
9 Florida   Senate Bill 1030 Jun 16, 2014 amended by Amendment 2 (2016)  
10 Georgia   CBD oil only House Bill 1 Apr 16, 2015  
11 Hawaii   Senate Bill 862 Jun 14, 2000  
12 Idaho Medical and non-medical marijuana are both still illegal but supporters of the 2018 initiative need to submit 48,793 valid signatures by close of business on May 1, 2018 for it to qualify for the 2018 ballot Idaho Medical Marijuana Initiative (2018)  
13 Illinois Senate Bill 2228 Jul 29, 2016 (adult use)   House Bill 1 Jan 1, 2014 Amended by Senate Bill 2636(2014) And extended by Senate Bill 10 (2016)  
14 Indiana Medical and non-medical marijuana are both still illegal but with legislation being worked out at the beginning of the 2017 legislative session Senate Bill 15 and Senate Bill 255 (pre-filed)  
15 Iowa   CBD oil only Senate File 2360 July 1, 2014  
16 Kansas Medical and non-medical marijuana are both still illegal but with reduced penalties for possession    
17 Kentucky   CBD oil only Senate Bill 124 Jul 6, 2016  
18 Louisiana   Senate Bill 271 May 19, 2016 and Senate Bill 180 Aug 1, 2016  
19 Maine   Ballot Question 2 Dec 2, 1999 Amended by Senate Bill 611 (2002) and Question 5 (2009) Question_1 Jan 30, 2017
20 Maryland Senate Bill 364 Oct 1, 2014 (adult use) and SB 517 Feb 20, 2016 (marijuana paraphernalia) House Bill 881 Jun 1, 2014  
21 Massachusetts   Question-3 Nov 8, 2012 Question 4 Dec 15, 2016  
22 Michigan   Proposal 1 Dec 4, 2008 amended by House Bill 4856, House Bill 4834 and House Bill 4851  
23 Minnesota   SF 2470 May 30, 2014  
24 Mississippi            CBD oil only House Bill 1231      Apr 17, 2014  
25 Missouri Senate Bill 491 Jan 1, 2017 (adult use) HB 2238 Jul 28, 2014  
26 Montana   Initiative 148 Nov 2, 2004  
27 Nebraska Decriminalized a small amount of marijuana 1978  
28 Nevada Ballot Question 9 October 1, 2001 Ballot Question 2 Nov 8, 2016
29 New Hampshire HB 573 July 23, 2013  
30 New Jersey SB 119 July 2010  
31 New Mexico The Lynn and Erin Compassionate Use Act SB 523 July 1, 2007  
32 New York Has removed  jail time for the possession of small amount of cannabis 1977 AB 6357 July 2014  
33 North Carolina Decriminalized the possession of small amount of marijuana 1977  
34 North Dakota Ballot Measure 5 November 8, 2016  
35 Ohio   Removed jail time for the possession of small amount of marijuana 1975   HB 523 September 2016    
36 Oklahoma State Question 780 Possession of marijuana is a misdemeanor July 1, 2017 CBD Oil HB 2835 Allows adults to use low-THC cannabis oil    
37 Oregon Ballot Measure 67 1998 Measure 91 July 1,2015
38 Pennsylvania SB 3 April 2016  
39 Rhode island Decriminalized minor marijuana possession April 2013 SB 0710 January 6, 2006  
40 South Carolina CBD Oil only Bill 1035 May 2014
41 South Dakota No medical marijuana law Possession of marijuana is a felony  
42 Tennessee CBD Oil only SB 2531 May 16, 2014
43 Texas  
44 Utah HB 105 March 21, 2014  
45 Vermont Removed jail time for the possession of small amount of marijuana 2013 HB 645 2002 SB 76 July 1, 2004  
46 Virginia CBD oil only HB 1445 Feb 26, 2015
47 Washington Initiative 692 1998 Initiative 502 Nov 6, 2012
48 West Virginia  
49 Wisconsin  
50 Wyoming CBD oil HB 32 July 1, 2015  

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