Cannabis Laws: 50-State Survey

Cannabis laws and regulations at the state level tend to be complicated. Before exploring the details, consumers and business owners should understand the following five terms:

  • Cannabis: a type of flowering plant containing at least 120 active ingredients, known as cannabinoids
  • THC (tetrahydrocannabinol): the main psychoactive compound in cannabis, which creates the “high” popularly linked with cannabis products
  • CBD (cannabidiol): a psychoactive compound in cannabis that is non-intoxicating and non-euphoric (does not create a “high”)
  • Marijuana: cannabis that contains more than 0.3 percent THC content by dry weight
  • Hemp: cannabis that contains 0.3 percent or less THC content by dry weight

While the federal government legalized hemp in 2018, it still comprehensively bans marijuana. However, many states have taken a more lenient view. States essentially fall into three groups in terms of their cannabis policies.

One group of states has legalized cannabis products for both medical and recreational use. However, it is important to note that legalization does not mean that all rules have disappeared. Strict limits still apply, and possessing greater amounts than the legal maximum may lead to criminal penalties. Different sets of rules may apply to patients and to the general public.

Another group of states has enacted comprehensive medical cannabis programs but has not legalized recreational use. Many states with medical cannabis programs provide lists of qualifying conditions. A patient must be diagnosed with one of these conditions to get access. Other states give greater discretion to doctors.

The remaining states tightly restrict access to cannabis products. Many of these states permit only hemp or CBD products with minimal or no THC. Some of these states identify a handful of rare conditions that permit a patient to access cannabis.

State cannabis laws change rapidly and may contain many technical details. If you are unsure about the precise scope of the law in your state, you may want to consult a cannabis lawyer for advice tailored to your situation.

Alabama

There is a comprehensive medical cannabis program.

Qualifying conditions for medical cannabis in Alabama are listed by the Alabama Medical Cannabis Commission. Conventional medical treatment or therapy must have failed to help symptoms before a doctor can provide a medical cannabis recommendation. A patient can possess up to 70 daily dosages. For the first 90 days, doses are limited to 50 milligrams. Patients are not allowed to cultivate plants at home.

Outside the medical context, possession of marijuana for personal use is a misdemeanor. Possession for purposes other than personal use is a felony. The statutory definition of marijuana does not include industrial hemp.

Alaska

Cannabis is legal for both medical and recreational use.

Qualifying conditions for medical marijuana in Alaska are listed by the Alaska Statutes. A patient may possess up to one ounce and may cultivate six plants. They are limited to three mature plants. (As discussed below, there may be a right to possession of greater amounts in the home.)

Recreational users may possess up to one ounce of marijuana. They also may cultivate up to six plants for personal consumption. As interpreted by Alaska courts, the right to privacy in the Alaska Constitution may provide a right to possess small but somewhat greater quantities in the home. This has most recently been interpreted to permit possession of up to four ounces. Outside the home, possessing more than one ounce of marijuana is generally a misdemeanor. The statutory definition of marijuana does not include industrial hemp.

Arizona

Cannabis is legal for both medical and recreational use.

Qualifying conditions for medical marijuana in Arizona are listed by the Arizona Department of Health Services. A person may request the addition of other conditions to the list. A patient may purchase up to 2.5 ounces every two weeks. A patient may grow up to 12 plants if they live more than 25 miles from a state-licensed facility. The plants must be contained in an enclosed, locked facility.

Recreational users may possess up to one ounce of marijuana. They also may cultivate up to six plants for non-commercial purposes. Possession of 1-2.5 ounces is a petty offense, which carries no jail time. Possessing a greater amount is a felony.

Arkansas

There is a comprehensive medical cannabis program.

Qualifying conditions for medical marijuana in Arkansas are listed by the Arkansas Department of Health. In addition, a patient can ask the Department of Health to approve a specific medical condition or its treatment. A patient can purchase up to 2.5 ounces from a dispensary in a 14-day period. Patients are not allowed to cultivate their own plants.

Outside the medical context, possession of marijuana is generally a misdemeanor if it involves less than four ounces. Most other possession offenses are felonies. The statutory definition of marijuana does not include hemp-derived CBD with no more than 0.3 percent THC.

California

Cannabis is legal for both medical and recreational use.

Qualifying conditions for medical cannabis in California are listed by the California Department of Cannabis Control. A patient may possess up to eight ounces of dried cannabis. They may maintain no more than six mature plants or 12 immature plants. If a patient has a physician’s recommendation that this quantity does not meet their medical needs, they may possess an amount consistent with their needs.

Recreational users may possess up to 28.5 grams (approximately one ounce) of marijuana. They also may grow up to six plants. Possession of more than 28.5 grams is a misdemeanor. The statutory definition of cannabis does not include industrial hemp.

Colorado

Cannabis is legal for both medical and recreational use.

Qualifying conditions for medical marijuana in Colorado are listed by the Colorado Department of Public Health & Environment. A patient is limited to two ounces. They also may grow up to six plants. Of these plants, no more than three plants may be mature, flowering plants.

Recreational users may possess up to two ounces of marijuana, increased from the original cap of one ounce. They also may grow up to six plants, although no more than three plants may be mature. Possession of 2-6 ounces is a level 2 drug misdemeanor, while possession of a greater amount is a level 1 drug misdemeanor. These regulations do not apply to industrial hemp or prescription drug products approved by the federal FDA.

Connecticut

Cannabis is legal for both medical and recreational use.

Qualifying conditions for medical marijuana in Connecticut are listed by the Connecticut State Department of Consumer Protection. A one-month supply is most recently defined as up to 3.5 ounces. (This amount is occasionally adjusted.) A patient can grow up to six plants at home. There is a household limit of 12 plants.

Recreational users may possess up to 1.5 ounces of marijuana. They can grow plants starting in July 2023, subject to limits of six plants per person and 12 plants per household. The smell of marijuana is not a valid basis for a police search. First-time possession is a civil offense that carries a fine but no jail time. The statutory definition of marijuana does not include hemp, as defined by federal law.

Delaware

Cannabis is legal for both medical and recreational use.

Qualifying conditions for medical marijuana in Delaware are listed by the Delaware Division of Public Health. A patient is limited to six ounces. Growing plants at home is illegal. A patient receiving medical marijuana for anxiety must have a distinctive registry card that limits the substances that they can access, which must be low in THC.

Recreational users may possess up to one ounce of marijuana or 12 grams of concentrated cannabis. As noted above, cultivating marijuana at home is illegal. Possessing between one ounce and 175 grams is a misdemeanor, while possessing larger amounts is a felony.

Florida

There is a comprehensive medical cannabis program.

Qualifying conditions for medical marijuana in Florida are listed by the Florida Statutes. A qualified physician may not issue a physician certification for more than three 70-day supply limits of marijuana or more than six 35-day supply limits of marijuana in a form for smoking. A 35-day supply of marijuana in a form for smoking generally may not exceed 2.5 ounces. A patient generally may possess up to four ounces of marijuana in a form for smoking. A patient is not permitted to grow plants at home.

Outside the medical context, possession of 20 grams or less of cannabis is a misdemeanor. Possession of larger amounts is a felony. The statutory definition of cannabis does not include hemp or industrial hemp.

Georgia

Access to cannabis products is tightly restricted.

Patients with qualifying conditions may possess up to 20 fluid ounces of “low THC oil,” which is derived from the marijuana plant. Qualifying conditions are listed by the Georgia Department of Public Health. Low THC oil must be less than 5 percent THC by weight.

Overall, possession of one ounce or less of marijuana is a misdemeanor. Possession of larger amounts is a felony. The statutory definition of marijuana does not include hemp or hemp products.

Hawaii

There is a comprehensive medical cannabis program.

Qualifying conditions for medical cannabis in Hawaii are listed by the Hawaii Department of Health. A patient can have up to four ounces at any given time, excluding seeds, stalks, and roots. A patient can grow up to seven plants at home. There is no sub-limit for mature plants.

Outside the medical context, Hawaii has decriminalized possession of up to three grams of marijuana. This offense is now classified as a violation and carries no jail time. Possession of three grams to one ounce is a petty misdemeanor, possession of one ounce to one pound is a misdemeanor, and possession of one pound or more is a felony. The statutory definition of marijuana does not include hemp products with no more than 0.3 percent THC.

Idaho

Access to cannabis products is tightly restricted.

Possession of three ounces or less of marijuana is a misdemeanor. Possession of a greater amount is a felony. The statutory definition of marijuana does not include industrial hemp or hemp possessed, grown, transported, farmed, produced, processed, or possessed by any other entity engaged in hauling, transporting, delivering, or otherwise moving hemp in interstate or intrastate commerce pursuant to a license granted under federal or state laws or regulations. The statutory definition also does not include any drug product that has been approved by the federal FDA and contains CBD and no more than 0.1 percent residual THC.

Illinois

Cannabis is legal for both medical and recreational use.

Qualifying conditions for medical cannabis in Illinois are listed by the Illinois Department of Public Health. A patient generally may purchase up to 2.5 ounces in a 14-day period. They also may grow up to five mature plants.

Recreational users may possess up to 30 grams. (Non-residents of Illinois are limited to 15 grams.) First-offense possession of 30-100 grams is a misdemeanor. Repeat possession of 30-100 grams and possession of larger amounts is a felony. Recreational users are not permitted to grow plants, although growing five or fewer plants for personal use is charged only as a violation and does not carry jail time.

Indiana

Access to cannabis products is tightly restricted.

Low THC hemp extract is legal for both medical and recreational use. This is a substance or compound that is derived from or contains any part of the Cannabis sativa L. plant that meets the definition of hemp and contains no more than 0.3 percent THC by weight.

Overall, possession of marijuana is generally a misdemeanor. Possession of 30 grams or more by someone with a prior drug offense is a felony. The statutory definition of marijuana does not include hemp.

Iowa

Access to cannabis products is tightly restricted.

Iowa operates a medical CBD program for patients with qualifying conditions, which are listed by the Iowa Department of Public Health. Patients can obtain preparations that contain no more than 4.5 grams of THC every 90 days. Exceptions apply if a patient has a terminal condition with a life expectancy of under a year, or if a physician determines that 4.5 grams is insufficient for a patient who is not new to the program.

Overall, possession of marijuana is typically a serious misdemeanor. However, penalties increase significantly for repeat offenders. The statutory definition of controlled substances excludes hemp and hemp products, which are defined to contain no more than 0.3 percent THC.

Kansas

Access to cannabis products is tightly restricted.

A person with a debilitating medical condition may have an affirmative defense to prosecution for possession of a CBD treatment preparation with no more than 5 percent THC. A debilitating medical condition is a chronic disease or medical condition that causes a serious impairment of strength or ability to function.

Overall, possession of marijuana is typically a misdemeanor. Possessing 450 grams or more creates a rebuttable presumption of intent to distribute, and possession with intent to distribute is a felony. The statutory definition of marijuana does not include CBD and industrial hemp.

Kentucky

There is a comprehensive medical cannabis program.

In 2023, Governor Andy Beshear signed a medical marijuana bill into law. This will permit access to marijuana for patients with cancer, epilepsy or another intractable seizure disorder, multiple sclerosis (or muscle spasms or spasticity), post-traumatic stress disorder, chronic nausea that has proven resistant to other conventional medical treatments, and chronic, severe, intractable, or debilitating pain. Patients will not be allowed to smoke marijuana but instead must consume it through other means. The Cabinet for Health and Family Services will regulate this area.

Overall, possession of marijuana is a misdemeanor. Possession of eight ounces or more is prima facie evidence that possession was with the intent to sell or transfer. Most sale or trafficking offenses are felonies, although first-time sale or trafficking of less than eight ounces is a misdemeanor. The statutory definition of marijuana does not include CBD products derived from industrial hemp. It also does not include CBD that is transferred, dispensed, or administered pursuant to the written order of a doctor at a hospital or clinic affiliated with a Kentucky public university that has a college or school of medicine.

Louisiana

There is a comprehensive medical cannabis program.

Qualifying conditions for medical marijuana in Louisiana are listed by the Louisiana Revised Statutes. However, a patient may access marijuana for any condition not specified in the law that a physician considers debilitating to that patient and is qualified through their medical education and training to treat. A patient may purchase up to 2.5 ounces every 14 days. A patient is not permitted to grow plants at home.

Outside the medical context, Louisiana has partly decriminalized the possession of 14 grams or less of marijuana. Although this is still a misdemeanor, an offender will not face jail time. First-time possession of more than 14 grams but less than 2.5 pounds is also a misdemeanor but carries jail time. Possession of a greater amount is considered drug distribution, which is a felony. The statutory definition of marijuana does not include hemp that is cultivated and processed in accordance with federal law, or cannabinoids in a drug product approved by the federal FDA.

Maine

Cannabis is legal for both medical and recreational use.

Maine has repealed the statutory list of qualifying conditions for medical marijuana. A physician now has the discretion to recommend it to any patient whom the doctor believes will benefit from it. A patient is limited to 2.5 ounces of prepared marijuana. They also may grow up to six mature plants. In addition, they may have up to 12 female non-flowering plants, an unlimited amount of seedlings, and up to eight pounds of harvested, dried, unprepared marijuana.

Recreational users may possess up to 2.5 ounces of marijuana. They also may grow up to three mature plants and up to 12 immature plants. Possession of more than 2.5 ounces is a crime. The statutory definition of marijuana does not include hemp.

Maryland

Cannabis is legal for both medical and recreational use.

Qualifying conditions for medical cannabis in Maryland are listed by the Maryland Medical Cannabis Commission. The standard amount that a patient can purchase in a 30-day period has been established by the MMCC as 120 grams of usable cannabis or 36 grams of THC.

Recreational users may possess up to 1.5 ounces, as well as up to 12 grams of concentrated cannabis. They also may grow up to two cannabis plants at home. If someone in the home is a registered medical cannabis patient, the household limit is four cannabis plants. Possessing 1.5-2.5 ounces of marijuana is a civil offense that carries no jail time, while possessing 2.5 ounces to 50 pounds is a misdemeanor, and possessing 50 pounds or more is a felony.

Massachusetts

Cannabis is legal for both medical and recreational use.

Qualifying conditions for medical marijuana in Massachusetts are listed by the Massachusetts Cannabis Control Commission. A patient may possess up to 10 ounces, which is a 60-day supply. A patient can grow up to 12 flowering and 12 vegetative plants in their home for personal use. They also can apply for a Hardship Cultivation, which allows a patient to grow enough to yield a 60-day supply for personal medical use.

Recreational users may possess up to one ounce of marijuana, and up to 10 ounces at home. They also may grow up to six plants. Possession of 1-2 ounces outside the home is a civil offense that carries no jail time, while other possession offenses are misdemeanors. The statutory definition of marijuana does not include industrial hemp.

Michigan

Cannabis is legal for both medical and recreational use.

Qualifying conditions for medical marijuana in Michigan are listed by the Michigan Cannabis Regulatory Agency. A patient may possess up to 2.5 ounces. They also may cultivate up to 12 plants. These must be kept in an enclosed, locked facility or meet certain specific requirements.

Recreational users may possess up to 2.5 ounces of marijuana, and up to 10 ounces at home. (Any amount in the home beyond 2.5 ounces must be stored in a secure container.) They also may grow up to 12 plants. First or second possession of 2.5-5 ounces is an infraction, while third or subsequent possession of 2.5-5 ounces is a misdemeanor. Possession of larger amounts is a misdemeanor. No jail time is generally imposed. The statutory definition of marijuana does not include industrial hemp or an FDA-approved drug.

Minnesota

Cannabis is legal for both medical and recreational use.

Qualifying conditions for medical cannabis in Minnesota are listed by the Minnesota Department of Health. A patient may purchase up to 2.5 ounces in a 14-day period.

Recreational users may possess up to two pounds at home and up to two ounces in public. They are also limited to eight grams of cannabis concentrate. A user may grow up to eight plants, including up to four flowering plants. Possessing 2-4 ounces outside the home is a petty misdemeanor that carries no jail time. Possessing between four ounces and one pound outside the home is a misdemeanor, possessing 1-2 pounds outside the home is a gross misdemeanor, and possessing more than two pounds is a felony.

Mississippi

There is a comprehensive medical cannabis program.

Qualifying conditions for medical cannabis in Mississippi are listed by the Mississippi State Department of Health. A patient can purchase up to 3.5 grams per day, and up to three ounces per month. A patient is not permitted to grow plants at home.

Outside the medical context, Mississippi has partly decriminalized first-time possession of 30 grams or less of marijuana. An offender may face a fine but no jail time. Repeat possession of 30 grams or less is a misdemeanor, and possession of 30 grams or less in a vehicle (not in the trunk) is also a misdemeanor. Possession of 30-250 grams may be charged as a misdemeanor or a felony, while other possession offenses are felonies.

Missouri

Cannabis is legal for both medical and recreational use.

Qualifying conditions for medical marijuana in Missouri are listed by the Missouri Department of Health & Senior Services. A patient can purchase up to four ounces per 30-day period. Any limits on possession must not be lower than a 60-day supply. A patient also can grow up to six flowering plants if they get a patient cultivation identification card. The plants must be contained in a closed, locked facility.

Recreational users may possess up to three ounces of marijuana. If they get a cannabis cultivation license, they can cultivate up to 18 plants at a time, including six mature plants, six plants that are over 14 inches but not mature, and six plants that are under 14 inches. Possessing more than three ounces of marijuana is a felony.

Montana

Cannabis is legal for both medical and recreational use.

Qualifying conditions for medical marijuana in Montana are listed by the Montana Code. A patient may possess up to one ounce. They also may cultivate up to four mature plants. Plants and any marijuana that they produce beyond one ounce must be kept in a locked space and must not be visible from a public place.

Recreational users may possess up to one ounce of marijuana. They also may grow up to two mature plants and two seedlings. A household with more than one adult may grow up to four plants and four seedlings. Possession of 1-2 ounces is a civil offense, which carries no jail time. Possession of more than two ounces is a felony.

Nebraska

Access to cannabis products is tightly restricted.

Hemp is considered an agricultural commodity and is no longer a controlled substance in Nebraska. Hemp is defined to include the Cannabis sativa L. plant and any derivatives, extracts, cannabinoids, and other products of the plant with no more than 0.3 percent THC.

Nebraska has decriminalized first-time possession of one ounce or less of marijuana. This offense has been downgraded to an infraction and carries no jail time. Repeat possession of one ounce or less is a misdemeanor, as is possession between one ounce and one pound. Possession of a larger amount is a felony. The statutory definition of marijuana does not include hemp or CBD in a drug product approved by the federal FDA.

Nevada

Cannabis is legal for both medical and recreational use.

Qualifying conditions for medical marijuana in Nevada are listed by the Nevada Division of Public and Behavioral Health. A patient may possess up to 2.5 ounces. They also may grow up to 12 plants, unless they live within 25 miles of an operating dispensary. If a patient is growing a certain strain of cannabis that is not provided by a dispensary within 25 miles, they may grow that strain.

Recreational users may possess up to one ounce of marijuana. They also may grow up to six plants, unless they live within 25 miles of a state-licensed retail cannabis store. There is a limit of 12 plants per household. Possession of more than one ounce is a felony. The statutory definition of marijuana does not include hemp that is grown or cultivated pursuant to state law, or a commodity or product made from hemp that does not exceed the maximum THC concentration established by the Nevada Department of Agriculture.

New Hampshire

There is a comprehensive medical cannabis program.

Qualifying conditions for medical cannabis in New Hampshire are listed by the New Hampshire Department of Health & Human Services. A patient may possess up to two ounces. A patient is not permitted to grow their own plants.

Outside the medical context, New Hampshire has generally decriminalized possession of up to 0.75 ounces of marijuana. This offense has been downgraded to a civil violation in most cases, and it carries no jail time. Possession of a larger amount is a misdemeanor. The statutory definition of marijuana does not include hemp.

New Jersey

Cannabis is legal for both medical and recreational use.

Qualifying conditions for medical cannabis in New Jersey are listed by the New Jersey Cannabis Regulatory Commission. A patient may purchase up to three ounces for a 30-day period. Terminally ill patients are exempt. A patient is not permitted to grow their own plants.

Recreational users may possess up to six ounces of marijuana. Possession of larger amounts is a fourth-degree crime. A recreational user is not permitted to grow their own plants. The statutory definition of marijuana does not include hemp and hemp products cultivated, handled, processed, transported, or sold pursuant to state law.

New Mexico

Cannabis is legal for both medical and recreational use.

Qualifying conditions for medical cannabis in New Mexico are listed by the New Mexico Department of Health. A patient may purchase up to 425 units (approximately 15 ounces) every 90 days. A patient may cultivate up to 16 plants, including no more than four mature plants.

Recreational users may possess up to two ounces of marijuana. They also may grow up to six mature and six immature plants. There is a household limit of 12 mature plants. Possession of 2–8 ounces is a misdemeanor, while possession of larger amounts is a felony.

New York

Cannabis is legal for both medical and recreational use.

New York allows the certification of a patient by a physician for any condition that the physician believes can be treated with medical cannabis. A patient may receive up to a 60-day supply of medical cannabis at a time. A patient also can grow up to three mature and three immature plants.

Recreational users may possess up to three ounces of marijuana. They are not yet allowed to grow plants at home, but the New York Office of Cannabis Management will issue regulations related to cultivation no later than 18 months after the first authorized retail sale of cannabis. At that stage, recreational users will be allowed to grow up to six plants, including no more than three mature plants. They also can store up to five pounds at home. There will be a limit of 12 plants (six mature plants) per household. Possession of three ounces to one pound is a violation that carries no jail time, while possession of 1-5 pounds is a misdemeanor, and possession of larger amounts is a felony.

North Carolina

Access to cannabis products is tightly restricted.

“Hemp extract” may be used to treat intractable epilepsy. Hemp extract is defined as an extract from a cannabis plant (or a mixture or preparation containing cannabis plant material) that is less than 0.9 percent THC by weight and at least 5 percent CBD by weight.

North Carolina makes possession of 0.5 ounces or less of marijuana a Class 3 misdemeanor, while possession of 0.5-1.5 ounces is a Class 1 misdemeanor, and possession of a larger amount is a felony. The statutory definition of marijuana does not include hemp, which is permanently excluded from the North Carolina Controlled Substances Act.

North Dakota

There is a comprehensive medical cannabis program.

Qualifying conditions for medical marijuana in North Dakota are listed by the North Dakota Century Code. A patient generally may possess up to three ounces. During a 30-day period, a patient generally may not purchase more than 2.5 ounces. If a patient has a registry identification card authorizing an enhanced allowable amount, they may possess up to 7.5 ounces, and they may purchase up to six ounces in a 30-day period. A patient may not grow their own plants at home.

Outside the medical context, North Dakota has partly decriminalized possession of less than half an ounce of marijuana. Although this offense is classified as a criminal infraction, an offender will not face jail time. Possessing larger amounts is a misdemeanor. The statutory definition of marijuana does not include hemp or a prescription drug approved by the federal FDA.

Ohio

There is a comprehensive medical cannabis program.

Qualifying conditions for medical marijuana in Ohio are listed by the Ohio Medical Cannabis Control Program. A patient generally can purchase up to nine ounces in a 90-day period. (A patient with a terminal illness can purchase up to 10 ounces in 90 days.) A patient may not grow their own plants.

Outside the medical context, Ohio has partly decriminalized possession of less than 100 grams of marijuana. Although this offense is classified as a minor misdemeanor, an offender will not face jail time. Possession of 100-200 grams is a misdemeanor that carries jail time. Possession of larger amounts is a felony. The statutory definition of marijuana does not include hemp or hemp products.

Oklahoma

There is a comprehensive medical cannabis program.

Oklahoma does not provide a list of specific qualifying conditions for medical cannabis. A doctor has the discretion to decide whether medical cannabis is appropriate to treat a condition. A patient may possess up to three ounces on their person and up to eight ounces at their residence. They also may grow up to six mature plants and six seedlings.

Outside the medical context, possession of any amount of marijuana is a misdemeanor. The statutory definition of marijuana does not include industrial hemp, any FDA-approved drug or substance, CBD liquid with no more than 0.3 percent THC content for a narrow group of qualifying conditions, and certain other specified substances.

Oregon

Cannabis is legal for both medical and recreational use.

Qualifying conditions for medical marijuana in Oregon are listed by the Oregon Health Authority. A patient may possess up to 24 ounces of usable marijuana. They may grow up to six mature plants and up to 12 immature plants.

Recreational users may possess up to two ounces of marijuana in a public place and up to eight ounces at home. They also may grow up to four plants. Possession of 1-2 times the legal limit is a violation, which does not carry jail time. Possession of more than eight pounds in a public place or more than 16 times the legal limit is a felony. Other possession offenses are misdemeanors. The statutory definition of controlled substance does not include the plant Cannabis family Cannabaceae.

Pennsylvania

There is a comprehensive medical cannabis program.

Qualifying conditions for medical marijuana in Pennsylvania are listed at the state government website. A patient may receive up to a 30-day supply at a time. (This was increased to a 90-day supply during the COVID-19 state of emergency, which has ended.) A patient may not grow their own plants.

Outside the medical context, possession of marijuana is a misdemeanor. Penalties increase significantly for an amount greater than 30 grams.

Rhode Island

Cannabis is legal for both medical and recreational use.

Qualifying conditions for medical marijuana in Rhode Island are listed by the Rhode Island Department of Health. A patient may possess up to 2.5 ounces. They also can grow up to 12 mature and 12 immature plants for their own use if they are registered with the Office of Cannabis Regulation’s Plant Tag Program. Plants must be grown in an enclosed indoor space.

Recreational users may possess up to one ounce of marijuana in public or up to 10 ounces at home. They also may grow up to six plants, of which no more than three may be mature. Possession of 1-2 ounces is a civil offense that carries no jail time, while other possession offenses involving less than a kilogram are misdemeanors. Possession of a kilogram or more is a "crime" (more serious than a misdemeanor) and carries very harsh penalties. The statutory definition of marijuana does not include industrial hemp or industrial hemp products that meet requirements under state law, or products approved for marketing as prescription medications by the federal FDA and legally prescribed.

South Carolina

Access to cannabis products is tightly restricted.

Patients with Lennox-Gastaut Syndrome, Dravet Syndrome, or any other severe form of epilepsy that is not adequately treated by traditional medical therapies may be able to use CBD or any compound, manufacture, salt, derivative, mixture, or preparation of any cannabis plant that contains no more than 0.9 percent THC and more than 15 percent CBD.

Overall, possession of one ounce or less of marijuana is a misdemeanor. Penalties increase significantly for repeat offenders. An amount greater than one ounce may be treated as possession with intent to distribute, which is a felony. The statutory definition of marijuana does not include CBD derived from the seeds of the marijuana plant or mature stalks.

South Dakota

There is a comprehensive medical cannabis program.

Qualifying conditions for medical cannabis in South Dakota are listed by the South Dakota Medical Cannabis Program. A patient may possess up to three ounces. As part of the application process for a registry identification card, an applicant may apply to cultivate up to two flowering plants and two non-flowering plants in their home.

Outside the medical context, possession of two ounces or less of marijuana is a misdemeanor. Other possession offenses are felonies. The statutory definition of marijuana does not include any cannabinoid or other derivative or extract of the Cannabis sativa L. plant with no more than 0.3 percent THC.

Tennessee

Access to cannabis products is tightly restricted.

Patients may access oil containing CBD with less than 0.9 percent THC for conditions such as Alzheimer’s disease, ALS, certain types of cancer, inflammatory bowel disease, multiple sclerosis, Parkinson’s disease, HIV/AIDS, sickle cell disease, and quadriplegia.

Possession of marijuana is generally a misdemeanor. The statutory definition of marijuana does not include hemp and CBD products approved as prescription medications by the federal FDA. There is also an exception for certain uses of cannabis oil containing CBD and less than 0.6 percent THC in clinical research studies.

Texas

Access to cannabis products is tightly restricted.

Texas operates a Compassionate Use Program that allows doctors to prescribe low-THC cannabis to patients with qualifying conditions, which are listed in the Texas Occupations Code. Low-THC cannabis is defined as the Cannabis sativa L. plant and any part of the plant or any compound, manufacture, salt, derivative, mixture, preparation, resin, or oil of the plant that contains no more than 1 percent THC by weight.

Overall, possession of four ounces or less of marijuana is a misdemeanor. Possession of a greater amount is a felony. The statutory definition of marijuana does not include hemp.

Utah

There is a comprehensive medical cannabis program.

Qualifying conditions for medical cannabis in Utah are listed by the Utah Department of Health & Human Services. A patient may not possess more than an amount sufficient to provide 30 days of treatment based on the dosing guidelines recommended by their medical provider. This amount may not exceed 113 grams of unprocessed cannabis. A patient may not purchase more than an amount sufficient to provide 30 days of treatment within a 30-day period. A patient may not grow their own plants.

Outside the medical context, most possession of marijuana is a misdemeanor. Possession of 100 pounds or more is a felony. The statutory definition of marijuana does not include substances approved by the federal FDA that are not listed in a schedule of controlled substances under state law or in the federal Controlled Substances Act.

Vermont

Cannabis is legal for both medical and recreational use.

Qualifying conditions for medical cannabis in Vermont are listed by the Vermont Cannabis Control Board. A patient may possess up to two ounces. They also may grow up to two mature plants and up to seven immature plants. Cannabis harvested from the plants does not count toward the two-ounce limit if certain requirements are met.

Recreational users may possess up to one ounce of marijuana. They also may grow up to six plants, of which no more than two may be mature plants. Possession of 1-2 ounces is a civil offense that carries no jail time, while possession of 2-8 ounces is a misdemeanor, and possession of a larger amount is a felony. The statutory definition of cannabis does not include hemp or hemp products.

Virginia

Cannabis is legal for both medical and recreational use.

Virginia does not provide a list of specific qualifying conditions for medical cannabis. Instead, a patient can access medical cannabis for treatment or to alleviate the symptoms of a diagnosed condition or disease that is determined by a physician to benefit from using medical cannabis. No more than four ounces of botanical cannabis may be dispensed to a patient for each 30-day period. Any botanical cannabis is calculated into the total 90-day supply of medical cannabis products that may be obtained by a patient. Up to four plants generally may be grown per household.

Recreational users may possess up to one ounce of marijuana in public. They also generally may grow up to four plants per household. Possession of 1-4 ounces in public is a civil offense, which carries no jail time. Possession of four ounces to one pound in public is a misdemeanor, although first offenders will not face jail time. Possession of more than one pound in public is a felony. Possession at home for personal use carries no penalties. The statutory definition of marijuana does not include hemp products containing no more than 0.3 percent THC that are derived from industrial hemp.

Washington

Cannabis is legal for both medical and recreational use.

Qualifying conditions for medical cannabis in Washington are listed by the Washington State Department of Health. A patient may purchase up to three ounces of usable cannabis, as well as various amounts of cannabis concentrate and cannabis-infused solid or liquid products. A patient may grow up to six plants in their home and possess up to eight ounces of usable cannabis produced from those plants. If the health care provider determines that a patient requires more than the presumptive amount, they may authorize up to 15 plants and up to 16 ounces of usable cannabis produced from those plants. Tighter restrictions apply to a patient who chooses not to be entered into the medical cannabis database.

Recreational users may possess up to one ounce of marijuana. Possession of one ounce (approximately 28.3 grams) to 40 grams is a misdemeanor. Possession of more than 40 grams is a gross misdemeanor. Recreational users may not grow their own plants. The statutory definition of cannabis does not include hemp or industrial hemp.

Washington, D.C.

Cannabis is legal for both medical and recreational use.

A patient with a medical cannabis card may possess up to eight ounces. A patient who is at least 21 years old may self-certify their application without receiving a health care provider recommendation.

Recreational users may possess up to two ounces of marijuana and grow up to six plants, including no more than three mature plants. Possession of more than two ounces is a misdemeanor.

West Virginia

There is a comprehensive medical cannabis program.

Qualifying conditions for medical cannabis in West Virginia are listed by the West Virginia Office of Medical Cannabis. A patient is limited to obtaining a 30-day supply. A patient may not grow their own plants.

Outside the medical context, possession of any amount of marijuana is a misdemeanor. Possession with intent to distribute is a felony.

Wisconsin

Access to cannabis products is tightly restricted.

A patient may possess a CBD product if they have a certification stating that they have the product to treat a medical condition. The certification must have an issue date no more than one year prior to the possession. A certification is not required to possess hemp or a prescription drug product approved by the federal FDA.

Overall, first-time possession of marijuana is a misdemeanor. Repeat possession is a felony. The statutory definition of marijuana does not include hemp.

Wyoming

Access to cannabis products is tightly restricted.

Any person may possess and use hemp and hemp products without restriction. “Hemp” and “hemp product” are defined as all parts, seeds, and varieties of the Cannabis sativa L. plant, or products made from the plant with a THC concentration no greater than 0.3 percent.

Overall, possession of three ounces or less of marijuana is a misdemeanor. Possession of a greater amount is a felony.

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