39 States Where Weed Is Legal (2021 Guide)
39 States Where Weed Is Legal (2021 Guide)
Meet the 39 states where weed is legal. In the past decade, legal weed had made leaps and bounds of progress from coast to coast. Today, over half of Americans live in states with legal weed—though, legislation differs far and wide. In other words, some states only consider medical weed "legal;" Others have only legalized certain forms of weed.
For most people, the question is: How many states have legalized weed for recreational uses? And, if your state hasn't, how likely is it that it does?
Here's what you need to know about states with legal weed in 2020.
How Many States Have Legalized Weed in Any Form?
As of 2021, 39 states and the District of Columbia have some form of legal weed, including recreational and medical, a defining moment in cannabis history. However, what "legal" means varies significantly between states and even towns and districts within those states.
To date, 11 states have no form of medical cannabis nor recreational use laws in place. Some of these have passed decriminalization measures, which we'll go over later.
Which State Legalized Weed First?
Washington and Colorado first legalized recreational use in 2012. Oregon was the first state to decriminalize the plant in 1973. In 1996, California became the first to legalize medical use.
39 States Where Weed Is Legal
Today, 39 states and Washington D.C. have legalized weed for recreational and medical use. Here's a complete list of what is legal where.
STATE | MEDICAL | RECREATIONAL |
ALASKA | Yes | YES |
Arizona | Yes | No |
Arkansas | Yes | No |
CALIFORNIA | Yes | YES |
Delaware | Yes | No |
DISTRICT OF COLUMBIA | Yes | YES |
Florida | Yes | No |
Georgia | Medical CBD Only | No |
Hawaii | Yes | No |
ILLINOIS | Yes | YES |
Indiana | Medical CBD Only | No |
Iowa | Medical CBD Only | No |
Kentucky | Medical CBD Only | No |
Louisiana | Yes | No |
MAINE | Yes | YES |
Maryland | Yes | No |
MASSACHUSETTS | Yes | YES |
MICHIGAN | Yes | YES |
Minnesota | Yes | No |
Missouri | Yes | No |
Montana | Yes | No |
NEVADA | Yes | YES |
New Hampshire | Yes | No |
NEW JERSEY | Yes | YES |
New Mexico | Yes | No |
New York | Yes | No |
NORTH DAKOTA | Yes | YES |
Ohio | Yes | No |
Oklahoma | Yes | No |
OREGON | Yes | YES |
Pennsylvania | Yes | No |
Rhode Island | Yes | No |
Texas | Medical CBD only | No |
Utah | Yes | No |
VERMONT | Yes | YES |
WASHINGTON | Yes | YES |
West Virginia | Yes | No |
How Many States Have Legal Recreational Weed?
To date, 11 states have legalized cannabis for recreational use. Each has its own guidelines for legal quantities, at-home grow operations, and carrying limits.
Which States Have Recreational Weed?
STATE | YEAR LEGALIZED | AT-HOME CULTIVATION | DRY HERB POSSESSION | CONCENTRATE POSSESSION | EDIBLES POSSESSION |
CALIFORNIA | 2016 |
6 plants per person |
1 ounce | 8 grams | Not specified |
COLORADO | 2012 | Up to 6 plants (3 flowering) per person | 1 ounce | 8 grams | 800mg |
DISTRICT OF COLUMBIA | 2014 | Up to 6 plants | 2 ounces | illegal | illegal |
ILLINOIS | 2020 | Illegal for recreational users | 30 grams for state resident and 15 grams for out-of-state | 5 grams for state resident and 2.5 grams for out-of-state | 800mg for state resident and 250mg for out of state |
MAINE | 2016 | Up to 6 flowering plants | 2.5 ounces | 5 grams | Not specified |
MASSACHUSETTS | 2016 | Up to 6 plants per person and 12 per household | 1 ounce away from home and 10 ounces at home | 5 grams | Not specified |
MICHIGAN | 2018 | Up to 12 plants | 2.5 ounces away from home and 10 ounces at home | 15 grams | Not specified |
NEVADA | 2016 | Up to 6 plants if over 25 miles from a dispensary and 12 per household | 1 ounce | 3.5 grams | 1 ounce |
OREGON | 2014 | Up to 4 plants per household | 1 ounce away from home and 8 ounces at home | 1 ounce | 16 ounces |
VERMONT | 2018 | Up to 9 plants with 2 flowering | 1 ounce | 5 grams | Not specified |
WASHINGTON | 2012 | Illegal for recreational users | 1 ounce | 7 grams | 16 ounces |
See state websites for up-to-date regulation changes.
There Are Two Types of Legalization
Not all legalization initiatives are the same. Most legislation can be placed in one of two categories:
Which States Haven't?
Twenty-two states have yet to decriminalize cannabis. You'll notice that some of these states have legalized medical weed, though still have strict laws around recreational use. Certain states on this list have only legalized medical CBD oil, meaning that cannabis, which contains more than 0.3% THC by definition, is not legal for medical use or safe from prosecution.
- Alabama
- Arizona
- Arkansas
- Georgia (only CBD oil is legal for medical use)
- Idaho
- Indiana (only CBD oil is legal for medical use)
- Iowa (only CBD oil is legal for medical use)
- Kansas
- Kentucky (only CBD oil is legal for medical use)
- Louisiana
- Montana
- New Jersey
- Oklahoma
- Pennsylvania
- South Carolina
- South Dakota
- Tennessee
- Texas (only CBD oil is legal for medical use)
- Utah
- West Virginia
- Wisconsin
- Wyoming
11 States with the Strictest Weed Laws
The following 11 states have yet to legalize medical cannabis. Many have yet to decriminalize the herb, meaning that possession of a recreational quantity may still result in jail time.
- Alabama
- Idaho
- Kansas
- Mississippi
- Nebraska
- North Carolina
- South Carolina
- South Dakota
- Tennessee
- Wisconsin
- Wyoming
Who Will Legalizer Weed Next?
It's hard to say, but today, the vast majority of Americans have access to some form of legal cannabis.