In the eyes of the feds, marijuana is most definitely still illegal, even as an increasing number of states have legalized the Schedule 1 drug. When California voters legalized medical pot way back in 1996, it seemed so culturally disruptive that few in the mainstream would expect America would looking straight at a pro-weed wave 22 years later.
“I think it’s going to mess up the world,” said Pete Sisco, 36, a construction worker from Marina del Rey, California, told the LA Times then. “Little kids are going to start smoking it and say they’ve got a medical problem. And if you’ve got a medical problem, what are you going to do, start smoking it in a restaurant?”
There’s a little truth to that early prediction, but it’s challenging to see how pot has messed up the world. In fact, a majority of the country no longer fears an epidemic of reefer madness — according to a Pew survey conducted in January, 61 percent of Americans favor legalization. So, while marijuana opinions still skew around party lines, there are five politicians with pro-pot platforms in the 2018 midterms and ten states could have motions to legalize this year.
When Recreational Marijuana was Legalized in Each State:
Colorado (2012), Washington (2012), Alaska (2015), Oregon (2015), Maine (2016), Massachusetts (2016), Nevada (2016), California (2016), Vermont (2018).
☝ In the above states, medical marijuana had already been legalized. ☝
When Medical Marijuana was Legalized in Each State:
Montana (2004), Rhode Island (2006), New Mexico (2007), Maryland (2008), Michigan (2008), New Jersey (2010), Arizona (2011), Delaware (2011), Connecticut (2012), Illinois (2013), New Hampshire (2013), Minnesota (2014), New York (2014), Pennsylvania (2014), Ohio (2016), Florida (2016), Arkansas (2016), North Dakota (2016), West Virginia (2017).
There are three fundamental stances on weed: legalized for recreational and medical use, legalized for only medical use, and completely prohibited, in line with federal policy. Some medical marijuana states only allow marijuana oils that are high in cannabidiol (CBD for short), the therapeutic ingredient in weed, and low in tetrahydrocannabinol (THC), its psychoactive element. The rest allow the possession and with a medical marijuana license.
Below’s a state-by-state guide to marijuana laws in the United States:
Alabama
Alabama passed a medical marijuana provision in 2014, but it is limited to CBD products. This means that medical marijuana patients can procure cannabis products with a doctor’s recommendation, but only low-THC, high-CBD strains are allowed. Only people diagnosed with severe epilepsy are eligible for medical marijuana.
The Alabama state legislature is currently considering a decriminalization bill that would change the penalty for possession of less than one ounce of marijuana from a misdemeanor with potential for jail time to a non-criminal violation with a maximum $250 fine. Some marijuana activists, however, are against the legislation because it also reclassifies possession of more than ounce of marijuana as a felony, not a misdemeanor.
There are no other legalization efforts alive in the state legislature, and no marijuana-related ballot measures for the 2018 election.
Alaska
Alaska enacted recreational marijuana legislation in 2015 after a successful voter referendum. Under the legislation, Alaska residents over the age of 21 can possess up to one ounce of marijuana and cultivate up to six plants for personal use.
Now, Alaska is focused on fortifying the marijuana industry and giving redress for past convictions. One bill that would seal some past marijuana possession convictions was passed in the House of Representatives and is awaiting a Senate vote. Another pending bill would establish a state bank for marijuana businesses. Because marijuana is federally prohibited, most banks won’t offer loans to marijuana businesses.
Alaska is also considering legislation to become a “sanctuary state” for marijuana vendors. If the law is passed, the state would be barred from using state funds and property to enforce federal marijuana laws. The bill has been sitting in committee since January 24, 2018.
Arizona
Arizona passed a medical marijuana provision in 2011. Under Arizona’s legislation, patients with a wide variety of conditions can procure medical marijuana from a dispensary with a doctor’s recommendation. Patients can possess a 2.5 ounces of marijuana, and are permitted to cultivate up to 12 plants if they live more than 25 miles away from a dispensary.
Three different marijuana-related bills fizzled out in committee in the state legislature in early 2018. The first proposed decriminalizing marijuana possession, the second sought to make Arizona a marijuana “sanctuary state” (like Alaska’s pending legislation), and the third was a motion to put marijuana legalization up for a voter referendum in the 2018 November election.
Three marijuana-related initiatives could still end up on the ballot this November. One measure would expand Arizona’s medical marijuana program, while the other two would legalize it for recreational use. Initiative supporters must submit up to 226,000 valid signatures by July 5, 2018 in order to quality for the ballot.
Arkansas
Arkansas passed a medical marijuana provision in 2016. Under Arkansas legislation, patients with a variety of conditions can get medical marijuana from a dispensary with a doctor’s note. However, no dispensaries have opened in Arkansas as of April 2018, and the legislation stipulates that patients may only obtain weed from Arkansas dispensaries, so the law doesn’t mean squat right now.
Arkansas ended up this quagmire because a judge ruled that the state’s Medical Marijuana Commission didn’t evaluate all applications fairly when it granted five licenses to cultivate marijuana to Arkansas businesses. The state needs to restart the application process, but it’s unclear how soon that will happen.
There are no marijuana bills in the state legislature, and no marijuana-related ballot measures for the 2018 election.
California
California enacted recreational marijuana legislation in 2016 after a voter referendum. Under the legislation, California residents 21 and older can possess up to an ounce of marijuana and cultivate up to six plants for personal use. California’s law also gives redress for marijuana-related convictions — people can petition to have some marijuana charges expunged from their criminal records. Recreational weed shops opened on January 1, 2018.
Now, California is working to shore up the marijuana industry’s infrastructure and give redress for past convictions. One bill in committee would help banks legally work with marijuana businesses, and another piece of legislation (also in committee) would automatically expunge past marijuana charges that are no longer considered a crime. If the latter bill passes, people wouldn’t need to petition to have past marijuana charges removed from their criminal records.
In January 2018, a California lawmaker said he would revive a bill to declare California a marijuana “sanctuary state.” If the law is passed, the state would be barred from using state funds and property to enforce federal marijuana laws. However, the bill fizzled out in 2017, and has of April 2018 it hasn’t been reintroduced.
Colorado
In Colorado, weed is now regulated like alcohol, thanks to Amendment 64, passed in 2012. This was the latest step in a legalization effort that began before the turn of the millennium.
In Colorado, people over the age of 21 may possess up to an ounce of marijuana, and there is a bustling market for the purchase and sale of cannabis products. Residents may cultivate up to six plants, but only three may be mature at any time. Public use is prohibited, making Colorado’s marijuana regulations very similar to alcohol regulations in many states.
Colorado legalized medical marijuana via Amendment 20 in November 2000, but it faced several legal challenges from state authorities pressured by the federal government.
Connecticut
Connecticut passed a medical marijuana provision in 2012. Under Connecticut’s legislation, patients with a wide variety of conditions can procure medical marijuana from a dispensary with a doctor’s recommendation. Patients can possess a month’s supply of pot — seemingly a subjective designation — at one time.
Connecticut is also one of 13 states that has decriminalized marijuana to some degree. In states that have decriminalized, marijuana is still prohibited, but getting busted with a small amount of weed will typically result in a slap on the wrist instead of a criminal conviction. Decriminalization allows states to prosecute marijuana dealers and traffickers without imposing criminal penalties on the consumer.
There is active legislation in Connecticut’s House of Representatives that would legalize marijuana for recreational use. The bill passed through committee on April 5, and is now awaiting a call to the floor and subsequent vote.
Delaware
Delaware passed a medical marijuana provision in 2011. Under Delaware’s legislation, patients with a variety of conditions can procure medical marijuana from a dispensary with a doctor’s recommendation. Patients can possess up to six ounces of marijuana at one time. Delaware is also one of 13 states that has decriminalized marijuana to some degree.
Delaware is considering legislation to legalize marijuana for recreational use. The bill passed through committee in 2017, but was put to the side as a marijuana task force examined the issue. The task force released its report in March, and lawmakers could bring the legalization bill back to the floor for consideration at any time.
Florida
Florida passed a medical marijuana provision in 2016. Under Florida’s legislation, patients with a variety of conditions can procure medical marijuana from a dispensary with a doctor’s recommendation. Patients can only obtain flower from a dispensary for vaping — smoking is prohibited.
Efforts to decriminalize marijuana possession failed after a decriminalization bill wasn’t passed through a committee vote.
Two different attempts to put legal recreational marijuana up for a voter referendum in November 2018 were abandoned, so there are no weed-related initiatives on the upcoming ballot.
Georgia
Georgia passed a medical marijuana provision in 2015, but it is limited to CBD products. This means that medical marijuana patients can procure cannabis products with a doctor’s recommendation, but only low-THC, high-CBD strains are allowed. Only people diagnosed with intractable epilepsy are eligible for medical marijuana.
Efforts to decriminalize and legalize marijuana both stalled out in the state legislature in early 2018. However, a bill to expand access to medical marijuana was passed in March and is awaiting gubernatorial approval.
There are no marijuana-related initiatives on the ballot for the November 2018 election.
Hawaii
Hawaii passed a medical marijuana provision in 2000, but it only allowed for home cultivation. Under Hawaii’s legislation, passed in 2015, patients with a wide variety of conditions can procure medical marijuana from a dispensary with a doctor’s note; they can have four ounces at any given time and cultivate up to seven plants.
Efforts to decriminalize and legalize marijuana both stalled out in the state legislature in early 2018. A bill that would allow out-of-state medical marijuana patients to access cannabis in Hawaii is currently being shuffled back and forth between the House of Representatives and the Senate.
There are no marijuana-related initiatives on the ballot for the November 2018 election.
Idaho
Idaho is one of only four states that is completely aligned with federal marijuana policy, meaning that weed in all forms is prohibited as a Schedule 1 drug. It’s a bad place to have epilepsy.
A 2015 push to legalize some CBD oils failed when Idaho governor C.L. Otter vetoed a bill that was passed in both the State Senate and House of Representatives.
There is currently a bill in the Idaho State Senate that would legalize high-CBD, low-THC forms of medical marijuana. Even if the Senate passes the bill, it probably won’t pass — Otter has intimated that he is against any medical marijuana legislation.
Illinois
Illinois passed a medical marijuana provision in 2013. Patients in the Land of Lincoln with a wide variety of conditions can procure medical marijuana from a dispensary with a doctor’s note and can possess up to 2.5 ounces of marijuana per two-week period. Illinois is also one of 13 states that has decriminalized marijuana to some degree.
Lawmakers are considering a voter referendum to legalize recreational weed in the November 2018 election. In order to make the ballot, the motion needs to be passed with a majority in the House of Representatives. It was passed in the Senate on March 1, 2018.
Indiana
Indiana passed a legislation in 2017, but it is limited to CBD products. This means that people can procure cannabis products, but only low-THC, high-CBD strains are allowed. Legislation signed by Governor Eric Holcomb on March 31, 2018 made it legal for anyone to possess CBD products.
There are no marijuana-related initiatives on the ballot for the November 2018 election.
For some historical perspective, when Vice President Mike Pence was governor of Indiana, he pressured lawmakers to stiffen penalties for marijuana use.
Iowa
Iowa passed a medical marijuana provision in 2014, but it is limited to CBD products. This means that medical marijuana patients can procure cannabis products with a doctor’s recommendation, but only low-THC, high-CBD strains are allowed. Medical marijuana in Iowa is limited to oils, capsules, and creams — edibles and flower are prohibited.
There are currently no open dispensaries in Iowa, and the first are expected to open in December 2018. In the absence of in-state options, medical marijuana patients in Iowa are allowed to procure medical marijuana that would be allowed under the CBD-specific guidelines from neighboring states.
There are no marijuana-related initiatives on the ballot for the November 2018 election.
Kansas
Kansas is one of only four states that is completely aligned with federal marijuana policy, meaning that weed in all forms is prohibited as a Schedule 1 drug.
As of April 2018, there is an active bill in the State Senate that would legalize high-CBD, THC-free cannabis products. After going through the amendment process in a joint House/Senate committee, the bill is awaiting a new vote.
Only a month prior, the Kansas House of Representatives voted down a bill that would’ve legalized medical marijuana.
Kentucky
Kentucky passed a medical marijuana provision in 2014, but it is limited to CBD products. This means that medical marijuana patients can procure cannabis products with a doctor’s recommendation, but only low-THC, high-CBD strains are allowed. Only people diagnosed with intractable epilepsy are eligible for medical marijuana.
Efforts to legalize medical marijuana and recreational marijuana both stalled in the state legislature in early 2018.
There are no marijuana-related initiatives on the ballot for the November 2018 election.
Louisiana
Louisiana passed a medical marijuana provision in 2016. Under Louisiana’s legislation, patients with a variety of conditions can procure non-smokable medical marijuana with a doctor’s recommendation. Patients can possess a month’s supply.
Louisiana designated LSU and Southern University as the only supply sources for medical marijuana in September 2017. Patients hope to have access to the drug in mid-2018.
Legislation to decriminalize marijuana possession was deferred in committee and won’t be discussed until next year. There are no marijuana-related initiatives on the ballot for the November 2018 election.
Maine
Maine enacted recreational marijuana legislation after a successful voter referendum in 2016. Under the legislation, Maine residents over the age of 21 can possess up to 2.5 ounces of marijuana and cultivate up to six plants. There is currently no retail market for marijuana, but legislators are working to establish retail regulations for stores to open in July 2018.
Although Maine has already legalized recreational use, the legislature is currently working to expand cannabis access for medical marijuana patients. Medical patients have access to state-run dispensaries, and a bill that would allow doctors to recommend access to any patient they believe would benefit from marijuana use is awaiting gubernatorial approval.
There are no marijuana-related initiatives on the ballot for the November 2018 election.
Maryland
Maryland passed a medical marijuana provision in 2008. Under Maryland’s legislation, patients with a variety of conditions can procure medical marijuana from a dispensary with a doctor’s recommendation. Patients can possess a month’s supply up to approximately four ounces. Dispensaries are prohibited from selling edibles. Maryland is also one of 13 states that has decriminalized marijuana to some degree.
Efforts to further decriminalize and put marijuana legalization to a voter referendum both stalled out in the state legislature in early 2018.
There are no marijuana-related initiatives on the ballot for the November 2018 election.
Massachusetts
Massachusetts enacted recreational marijuana legislation after a successful voter referendum in 2016. Under the legislation, Massachusetts residents over the age of 21 can possess up to one ounce of marijuana and cultivate up to six plants. There is currently no retail market for marijuana, but stores are set to open in July 2018.
Now, the state is considering legislation to become a marijuana “sanctuary state,” mirroring efforts in Maine and California. In April, Governor Charlie Baker signed a law allowing courts to expunge past marijuana convictions that are no longer considered a crime from a person’s criminal record.
There are no marijuana-related initiatives on the ballot for the November 2018 election.
Michigan
Michigan passed a medical marijuana provision in 2008. Under Michigan’s legislation, patients with a variety of conditions can procure medical marijuana from a dispensary with a doctor’s recommendation. Patients can possess up to 2.5 ounces of flower, and cultivate up to 12 plants.
In April 2018, Michigan approved a ballot initiative to legalize recreational weed in the upcoming November 2018 elections.
“This November, Michigan voters will finally get the chance to eliminate Michigan’s outdated marijuana laws,” said John Truscott with the Coalition to Regulate Marijuana Like Alcohol, the group behind the initiative. “Just like with alcohol, it is clear that prohibition doesn’t work and that regulation and taxation is a far better solution.”
Minnesota
Minnesota passed a medical marijuana provision in 2014. Under Minnesota’s legislation, patients with a variety of conditions can procure medical marijuana from a dispensary with a doctor’s recommendation. Patients can possess up to a month’s supply of non-smokable marijuana — dispensaries are prohibited from selling flower to patients. Minnesota is also one of 13 states that has decriminalized marijuana.
Two different bills to legalize recreational marijuana have been referred to committee and are awaiting a committee vote.
There are no marijuana-related initiatives on the ballot for the November 2018 election.
Mississippi
Mississippi passed a medical marijuana provision in 2014, but it is limited to CBD products. This means that medical marijuana patients can procure cannabis products with a doctor’s recommendation, but only low-THC, high-CBD strains are allowed. Only people diagnosed with intractable epilepsy are eligible for medical marijuana. Mississippi is also one of 13 states that has decriminalized marijuana.
Legislation to decriminalize and legalize marijuana failed in early 2018.
Two different attempts to put legal recreational marijuana up for a voter referendum in November 2018 failed, so there are no weed-related initiatives on the upcoming ballot.
Missouri
Missouri passed a medical marijuana provision in 2014, but it is limited to CBD products. This means that medical marijuana patients can procure cannabis products with a doctor’s recommendation, but only low-THC, high-CBD strains are allowed. Only people diagnosed with intractable epilepsy are eligible for medical marijuana. Missouri is also one of 13 states that has decriminalized it.
Legislation to legalize marijuana is currently awaiting a committee hearing.
A number of ballot initiatives to legalize both medical and recreational marijuana might end up on the November 2018 ballot for a voter referendum, depending on how many signatures are gathered.
Montana
Montana first passed a medical marijuana provision in 2004. Under Montana’s legislation, patients with a variety of conditions can procure medical marijuana from a dispensary with a doctor’s recommendation, or choose to cultivate their own plants with a doctor’s recommendation. Patients who use a dispensary can possess up to one ounces of medical marijuana, and patients who don’t visit dispensaries can cultivate up to 16 plants, eight of which can be mature at any given time.
There is no active marijuana legislation in Montana.
There are also no marijuana-related initiatives on the ballot for the November 2018 election.
Nebraska
Nebraska is one of only four states that is completely aligned with federal marijuana policy, meaning that weed in all forms is prohibited as a Schedule 1 drug. It’s a bad place to have epilepsy. Nebraska is also one of 13 states that has decriminalized it.
Legislation to legalize medical marijuana was put on indefinite hiatus in April.
Ballot initiatives to legalize recreational marijuana and completely decriminalize possession of less than one ounce of marijuana might end up on the November 2018 ballot for a voter referendum, depending on how many signatures are gathered.
Nevada
Nevada enacted recreational marijuana legislation in 2017 after a successful voter referendum in 2016. Under the legislation, Nevada residents over the age of 21 can possess up to one ounce of marijuana and cultivate up to six plants if they live more than 25 miles away from a marijuana retailer.
There are no marijuana-related initiatives on the ballot for the November 2018 election.
New Hampshire
New Hampshire passed a medical marijuana provision in 2013. Under New Hampshire’s legislation, patients with a wide variety of conditions can procure medical marijuana from a dispensary with a doctor’s recommendation. Patients can possess up to two ounces of medical marijuana at any time. The state legislature is considering a bill to allow patients to cultivate their own marijuana. New Hampshire is also one of 13 states that has decriminalized marijuana.
There are no marijuana-related initiatives on the ballot for the November 2018 election.
New Jersey
New Jersey passed a medical marijuana provision in 2010. Under New Jersey’s legislation, patients with a wide variety of conditions can procure medical marijuana from a dispensary with a doctor’s recommendation. Patients can possess up to two ounces of medical marijuana per month.
Lawmakers are currently holding public hearings for input on legislation to legalize recreational marijuana. There are multiple bills under consideration. New Jersey’s Division of Consumer Affairs is also considering de-scheduling marijuana.
There are no marijuana-related initiatives on the ballot for the November 2018 election.
New Mexico
New Mexico passed a medical marijuana provision in 2007. Under New Mexico’s legislation, patients with a variety of conditions can procure medical marijuana from a dispensary with a doctor’s recommendation. Patients can possess up to eight ounces of medical marijuana and cultivate up 16 plants, only four of which can be mature at any given time.
Efforts to decriminalize and legalize recreational marijuana both stalled out in the state legislature in early 2018.
There are no marijuana-related initiatives on the ballot for the November 2018 election.
New York
New York passed a medical marijuana provision in 2014. Under New York’s legislation, patients with a variety of conditions can procure medical marijuana from a dispensary with a doctor’s recommendation. Patients can possess a 30-day supply of medical marijuana, but dispensaries are barred from selling flower. New York is also one of 13 states that has decriminalized marijuana.
Legislation to legalize recreational marijuana is currently in committee in both the House of Representatives and the Senate.
There are no marijuana-related initiatives on the ballot for the November 2018 election.
North Carolina
North Carolina passed a medical marijuana provision in 2014, but it is limited to CBD products. This means that medical marijuana patients can procure cannabis products with a doctor’s recommendation, but only low-THC, high-CBD strains are allowed. However, there is no in-state production of CBD products, so patients are forced to go to a different state that accepts out-of-state medical marijuana patients to obtain the drug. Only people diagnosed with intractable epilepsy are eligible for medical marijuana.
North Carolina is also one of 13 states that has decriminalized marijuana.
There are no marijuana-related initiatives on the ballot for the November 2018 election.
North Dakota
North Dakota passed a medical marijuana provision in 2016, but it’s not expected to go into effect until summer 2018. Under North Dakota’s legislation, patients with a wide variety of conditions can procure medical marijuana from a dispensary with a doctor’s recommendation. The law doesn’t allow dispensaries to sell edibles, and patients can only purchase smokable marijuana with an additional certification from a doctor.
A ballot initiative to legalize recreational marijuana might end up on the November 2018 ballot for a voter referendum, depending on how many signatures are gathered.
Ohio
Ohio passed a medical marijuana bill in 2016, but it’s not yet in effect — the state plans to start issuing licenses in September 2018. Under Ohio’s legislation, patients with a wide variety of conditions will be able to procure medical marijuana from a dispensary with a doctor’s recommendation.
Ohio is also one of 13 states that has decriminalized pot.
A ballot initiative to legalize recreational marijuana might end up on the November 2018 ballot for a voter referendum, depending on how many signatures are gathered.
Oklahoma
Oklahoma passed a medical marijuana provision in 2014, but it is limited to CBD products. This means that medical marijuana patients can procure cannabis products with a doctor’s recommendation, but only low-THC, high-CBD strains are allowed. Only people diagnosed with pediatric epilepsy are eligible for medical marijuana.
A ballot measure in Oklahoma’s upcoming June election would legalize medical marijuana if a majority of voters affirm the initiative. In addition, voters might have a shot at legalizing recreational weed in the November election — there are two measures that could make the ballot depending on how many signatures are collected.
Oregon
Oregon enacted recreational marijuana legislation in 2015 after a successful voter referendum. Under the legislation, Oregon residents over the age of 21 can possess up to one ounce of marijuana in public, and up to eight ounces of marijuana on private property. They can also cultivate four plants at any given time. Public consumption is still prohibited.
Oregon has been at the vanguard of progressive marijuana policy. The state was the first to decriminalize marijuana possession in 1973, and was an early adopter of medical marijuana. There are no marijuana-related initiatives on the ballot for the November 2018 election.
Pennsylvania
Pennsylvania passed a medical marijuana provision in 2014. Under Pennsylvania’s legislation, patients with a wide variety of conditions can procure medical marijuana from a dispensary with a doctor’s recommendation. Prior to this year, dispensaries weren’t allowed to sell it. In April 2018, Pennsylvania’s Health Secretary tweaked the medical marijuana policy to allow dispensaries to carry herbal cannabis, with the caveat that it can be only vaporized and not smoked.
The Pennsylvania Senate recently adopted a resolution urging Congress to de-schedule marijuana, and legislation to decriminalize marijuana possession has been sitting in committee for nearly a year.
There are no marijuana-related initiatives on the ballot for the November 2018 election.
Rhode Island
Rhode Island passed a medical marijuana provision in 2006. Under Rhode Island’s legislation, patients with a wide variety of conditions can possess up to 2.5 ounces of medical marijuana with a doctor’s recommendation. Patients can also cultivate up to 12 plants. Rhode Island is also one of 13 states that has decriminalized pot.
Legislation to put marijuana legalization to a non-binding public vote was put on hold on April 12, 2018. There are no marijuana-related initiatives on the ballot for the November 2018 election.
South Carolina
South Carolina passed a medical marijuana provision in 2014, but it is limited to CBD products. This means that medical marijuana patients can procure cannabis products with a doctor’s recommendation, but only low-THC, high-CBD strains are allowed. Only people diagnosed with refractory epilepsy, Dravet Syndrome, and Lennox-Gastaut Syndrome are eligible for medical marijuana.
A bill to expand the pool of eligible patients is awaiting a vote in the House of Representatives, but lawmakers don’t expect the legislation to pass during this session.
A bill to expand the pool of eligible patients is awaiting a vote in the House of Representatives, but lawmakers don’t expect the legislation to pass during this session.
South Dakota
South Dakota is one of only four states that is completely aligned with federal marijuana policy, meaning that weed in all forms is prohibited as a Schedule 1 drug. It’s a bad place to have epilepsy.
Efforts to get a medical marijuana referendum on the ballot for South Dakota’s November 2018 election came up just short. Per state rules, a potential measure needs 13,871 valid signatures to make the ballot. Advocacy group New Approach South Dakota Medical-Cannabis submitted around 15,000 signatures, but the secretary of state determined that only 9,471 were valid.
An initiative to legalize recreational marijuana also failed to make the ballot. As a result, there are no marijuana-related initiatives on the ballot for the November 2018 election.
Tennessee
Tennessee passed a medical marijuana provision in 2014, but it is limited to CBD products. This means that medical marijuana patients can procure cannabis products with a doctor’s recommendation, but only low-THC, high-CBD strains are allowed. Only people diagnosed with intractable epilepsy are eligible for medical marijuana.
Legislation to establish a full-fledged medical marijuana program is currently sitting in committee.
There are no marijuana-related initiatives on the ballot for the November 2018 election.
Texas
Texas passed a medical marijuana provision in 2015, but it is limited to CBD products. This means that medical marijuana patients can procure cannabis products with a doctor’s recommendation, but only low-THC, high-CBD strains are allowed.
The wording in Texas’s medical marijuana legislation — it calls for a prescription instead of a doctor’s recommendation — has drawn criticism from medical marijuana advocates. They say that many doctors don’t want to apply for a license to prescribe medical marijuana, because it is illegal to prescribe any drug that is federally prohibited. In every other state with a medical marijuana provision, a doctor’s recommendation is sufficient to give a patient access to medical marijuana. There are currently 35 prescribing doctors in the state.
There are no marijuana-related initiatives on the ballot for the November 2018 election.
Utah
Utah passed a medical marijuana provision in 2014, but it is limited to CBD products. This means that medical marijuana patients can procure cannabis products with a doctor’s recommendation, but only low-THC, high-CBD strains are allowed. The regulations were updated in 2018, expanding eligibility from only those with intractable epilepsy to those with intractable epilepsy and terminally ill patients.
An initiative legalizing medical marijuana may appear on the ballot for the November 2018 election pending approval from the Secretary of State.
Vermont
The state legislature legalized recreational marijuana in January 2018, making Vermont the first state to enact legal weed through legislation rather than a voter referendum. The law goes into effect on July 1, 2018.
Under the new regulations, Vermonters will be allowed to possess up to one ounce of marijuana and cultivate up to six plants — although only two plants can be mature and flowering at any time.
Vermont took a middle road toward legalization — notably, the bill doesn’t include a provision setting up a marketplace for the sale and purchase of marijuana, but medical marijuana patients can still purchase marijuana from a dispensary. The law also increased penalties for selling weed to minors and prohibits the use of marijuana in public.
Virginia
In 2015, Virginia passed a medical marijuana provision limited to CBD products. This means that medical marijuana patients can procure cannabis products with a doctor’s recommendation, but only low-THC, high-CBD strains are allowed. In March 2018, Virginia expanded eligibility for medical marijuana patients from a single condition — intractable epilepsy — to any diagnosed condition with a doctor’s recommendation.
Legislation to decriminalize marijuana possession was voted down in committee in January 2018.
There are no marijuana-related initiatives on the ballot for the November 2018 election.
Washington
Along with Colorado, Washington was one of the inaugural states to legalize recreational marijuana through voter referendum in 2012. In Washington, people over the age of 21 may possess up to one ounce of marijuana, and there is a bustling market for the purchase and sale of cannabis products. Public use is prohibited, making Washington’s marijuana regulations very similar to alcohol regulations in many states.
Like other legal states, Washington is now expanding the infrastructure for the weed economy. A bill currently in committee would help establish legal banking options for marijuana businesses. Efforts to declare Washington a marijuana sanctuary state and allow home marijuana cultivation both stalled in committee.
West Virginia
West Virginia passed a medical marijuana bill in April 2017, but it won’t go into effect until July 2019 at the earliest. Under the new legislation, only West Virginians with severe medical conditions (enumerated here) can obtain medical marijuana licenses from a physician. The medical market will be highly regulated, with dispensaries prohibited from selling edibles and flower.
Efforts to expand the medical marijuana program and legalize recreational marijuana both stalled in committee and won’t be voted on this session.
There are no marijuana-related initiatives on the ballot for the November 2018 election.
Wisconsin
Wisconsin passed a medical marijuana provision in 2014, but it is limited to CBD products. This means that medical marijuana patients can procure cannabis products with a doctor’s recommendation, but only low-THC, high-CBD strains are allowed.
Previous efforts to legalize marijuana and decriminalize marijuana possession have failed.
There are no marijuana-related initiatives on the ballot for the November 2018 election.
Wyoming
Like Wisconsin, Wyoming passed a medical marijuana provision in 2014, but it is limited to CBD products. This means that medical marijuana patients can procure cannabis products with a doctor’s recommendation, but only low-THC, high-CBD strains are allowed.
In February, Wyoming considered a law to make possession of three ounces of edible marijuana a felony. The bill didn’t get a floor vote, and is stalled until next session.
An initiative to establish a full-fledged medical marijuana program failed to qualify for the November 2018 election.
Washington, D.C.
In the nation’s capital, medical marijuana has been legal since 1998, thanks to Initiative 59.
Then, in November 2014, voters there approved Initiative 71 that made legal recreational pot. If you’re older than 21, you can have up to two ounces, have six plants (only three can be mature) and, interestingly, gift up to one ounce of pot to somebody else. Selling it — along with public consumption — remains illegal.
The Washington Post reported that “more than 400 people were arrested in 2016 for public consumption of marijuana, according to D.C. police arrest records obtained through a Freedom of Information Act request. Records show 78 had been arrested as of April 5, [2017].”