Last updated : November 11, 2024
The legalization of marijuana has become a popular topic in recent years as more states pass laws allowing it to be used for medical and/or recreational use. Given its relative safety compared to other restricted drugs, or even to cigarettes and alcohol, this shift may not necessarily be a surprising one. Nevertheless, because of the differences in current laws, it may be difficult to determine in exactly which states marijuana is legal and for what purposes. Here is some clarification on those points:
Legalized for Medical Use Only
Medical marijuana has myriad therapeutic uses, ranging from treating glaucoma, providing non-addictive pain management, and easing nausea during chemotherapy, just to name a few. In twenty-three states and Washington, D.C., it is possible to get a legal and above-board prescription for marijuana. These states are: Alaska, Arizona, California, Colorado, Delaware, Hawaii, Illinois, Maryland Michigan, Minnesota, Montana, Nevada, New Jersey, New Mexico, New York, Oregon, Washington, and the six states that make up New England. Even though this seems like a substantial number of states, it is still less than half of them. Additionally, some states include additional specifications, such as New York, which restricts possession to a non-smokable supply.
Legalized for Recreational Use
In some states, marijuana is sold in specialty shops or dispensaries for the purpose of everyday or recreational use, or for those who cannot get a prescription written. This group only includes four states. These are: Alaska, Colorado, Oregon, and Washington state. These states continue to regulate possession with many setting limits on the amount of ounces or plants a person may possess at any given time. For example, in Alaska, a person may legally possess one ounce. In Colorado, the limit is twenty-four ounces per person. The regulations concerning the number of mature and immature plants allowable also vary in a similar fashion.
States with Decriminalization of Possession
Four additional states and Washington, D. C., have decriminalized marijuana possession, turning it into a civil infraction instead of a criminal offense. This means that jail time is unlikely for possessing small quantities, usually up to an ounce, but the person may be fined instead. The fines vary; however, in the District of Columbia, the fine for possession is currently $25. The states with decriminalization are: Mississippi, Nebraska, North Carolina, and Ohio. While not the same as legalization, it does offer a middle-ground for more social conservative states that are no longer interested in the mass incarceration of low-level drug offenders.
The Future of Legalization
Initiatives are underway in many states to legalize marijuana for recreational use, including in states where medical use is already authorized. Predicting which initiatives will come to fruition is difficult, especially since marijuana remains a Schedule I substance at the national level. States where recreational legalization has the best potential in the next few years include: Arizona, California, Hawaii, Maryland, Massachusetts, Nevada, and Washington, D.C. The states located in the Deep South and Midwest show far less likelihood of moving on the issue any time soon.
