Marijuana State Laws

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