Marijuana use was legal for most of human history until the early 20th century. Between 1916 and 1931, 29 U.S. states banned the use of marijuana. The Marihuana Tax Act of 1937 essentially made cannabis illegal across the U.S.
Image source: The Motley Fool
While cannabis remains illegal on the federal level, most U.S. states have legalized the use and sale of medical marijuana. An increasing number are also legalizing the plant for recreational use. The Biden administration initiated steps in October 2022 that could potentially lead to the federal decriminalization of marijuana as well. Here's the lowdown on marijuana legalization in the U.S.
Marijuana legalization in the U.S.
California, which legalized medical marijuana in 1996, was the first state to treat the legalization of marijuana as a state's right. Here is the long list of U.S. states, districts, and territories that have legalized either medical or recreational marijuana:
| State | Legalized for Medical Use | Legalized for Recreational Use |
|---|---|---|
| Alaska | x | x |
| Both medical cannabis and recreational marijuana are legal in Alaska. In 1998, the state's voters passed Measure 8, a ballot initiative to allow the medical use of marijuana. In 2014, Alaska voters approved Ballot Measure 2, which legalized recreational marijuana. | ||
| Arizona | x | x |
| Both medical and recreational marijuana are legal in Arizona. In 2010, voters passed Proposition 203, which legalized medical marijuana. Ten years later, Arizona voters passed Proposition 207 to also legalize recreational marijuana. | ||
| Arkansas | x | |
| Medical marijuana became legal in Arkansas after voters passed Issue 6 in 2016, which amended the state constitution to legalize medical marijuana. Arkansas residents will also vote on legalizing recreational marijuana in November 2022. | ||
| California | x | x |
| Both medical cannabis and recreational marijuana are legal in California. In 1996, voters passed Proposition 215, a ballot initiative that legalized medical marijuana. In 2003, the state's legislature adopted SB 420. The law protects physicians from being punished for recommending medical marijuana to patients. In 2016, voters passed Proposition 64, which legalized recreational cannabis. | ||
| Colorado | x | x |
| Both medical and recreational cannabis are legal in Colorado. Voters passed Ballot Amendment 20 in 2000 to legalize medical marijuana. In 2012, Colorado voters passed Amendment 64, which legalized recreational marijuana. | ||
| Connecticut | x | x |
| Both medical and recreational cannabis are legal in Connecticut. The state's legislature passed a law in 2012 to legalize medical marijuana. In July 2021, Bill 1201 was signed into law to legalize recreational marijuana. | ||
| Delaware | x | |
| Medical marijuana is legal in Delaware. In 2011, the state's general assembly passed SB 217, legalizing medical marijuana. | ||
| District of Columbia | x | x |
|
Both medical cannabis and recreational marijuana are legal in the District of Columbia. In 1998, D.C. voters approved Ballot Initiative 59 to permit seriously ill patients to use medical marijuana when it's recommended by a licensed physician. But at that time, the U.S. Congress, which has jurisdiction over the federal district, voted to prevent the initiative from being enacted. In 2009, Congress reversed the decision, allowing Initiative 59 to take effect. In 2010, the District of Columbia's council passed L18-2010, which legalized medical marijuana more broadly. In 2014, D.C. voters passed Initiative 71 to legalize recreational marijuana, too. |
||
| Florida | x | |
| Medical marijuana is legal in Florida. In 2016, voters approved Amendment 2 to legalize medical marijuana. | ||
| Hawaii | x | |
| Medical marijuana is legal in Hawaii. In 2000, the state's legislature passed SB 862 to legalize the medical use of cannabis. | ||
| Illinois | x | x |
| Both medical and recreational marijuana are legal in Illinois. The state legislature passed HB 1 in 2013 to allow the compassionate use of medical marijuana. In 2019, the legislature voted to legalize recreational marijuana. | ||
| Louisiana | x | |
| Medical marijuana is legal in Louisiana. In 2016, SB 271 and SB 280, which allow the medical distribution of marijuana, were signed into law. | ||
| Maine | x | x |
|
Both medical and recreational cannabis are legal in Maine. In 1999, the state's voters passed Question 2, a ballot initiative that legalized medical marijuana. In 2009, Maine voters approved the Question 5 ballot initiative, which enabled the creation of nonprofit medical cannabis dispensaries. It also established a statewide system for identification cards to protect patients who use medical marijuana from being arrested. In 2010, Maine's legislature passed LD 1811 to amend the state's medical marijuana laws to establish a medical advisory board, which can add new conditions for which medical marijuana can be legally used. In 2016, Maine voters approved Question 1, an initiative to legalize recreational marijuana. |
||
| Maryland | x | |
| Medical cannabis is legal in Maryland. In 2014, the state's legislature adopted HB 881 to legalize medical marijuana. Maryland residents will vote on a constitutional amendment in November 2022 that would legalize recreational marijuana. | ||
| Massachusetts | x | x |
| Both medical and recreational marijuana are legal in Massachusetts. The state's voters passed the Question 3 ballot initiative in 2012 to legalize medical marijuana. In 2016, voters approved the Question 4 ballot initiative, which legalized recreational marijuana. | ||
| Michigan | x | x |
| Both medical and recreational cannabis are legal in Michigan. In 2008, Michigan voters passed a proposal to legalize medical marijuana. Ten years later, the state's voters approved a proposal to also legalize recreational marijuana. | ||
| Minnesota | x | |
| Medical marijuana is legal in Minnesota. In 2014, the state legislature passed SF 2470 to allow the legal use of medical marijuana. | ||
| Mississippi | x | |
| Voters in Mississippi passed Initiative 65 in 2020 to legalize medical marijuana. However, the state's supreme court overturned the initiative in 2021. In 2022, Mississippi's state legislature passed the Mississippi Medical Cannabis Act, with Gov. Tate Reeves signing the bill. | ||
| Missouri | x | x |
| Both medical marijuana and recreational marijuana are legal in Missouri. In 2018, voters passed Amendment 2 to legalize medical cannabis. Residents of Missouri voted to legalize recreational marijuana on Nov. 8, 2022. | ||
| Montana | x | x |
| Both medical and recreational marijuana are legal in Montana. Voters passed Initiative 148 in 2004 to allow the legal use of medical marijuana for patients with debilitating conditions. In 2011, Montana's legislature adopted SB 423, which expanded the state's medical marijuana laws. In 2020, voters passed Initiative I-190 to legalize recreational marijuana. | ||
| New Hampshire | x | |
| Medical marijuana is legal in New Hampshire. In 2013, the legislature passed HB 573 to legalize the use of medical cannabis. | ||
| New Jersey | x | x |
| Both medical and recreational marijuana are legal in New Jersey. In 2009, the state legislature passed SB 119, which legalized medical marijuana. In 2020, New Jersey voters approved Public Question 1, an amendment that legalized recreational marijuana. | ||
| New Mexico | x | x |
| Both medical and recreational cannabis are legal in New Mexico. In 2007, the state legislature passed SB 523 to legalize medical marijuana for compassionate use. In 2021, the state passed bill HB 2, which legalized recreational marijuana. | ||
| New York | x | x |
| Both medical cannabis and recreational marijuana are legal in New York. In 2014, the state assembly passed bill A6357 to legalize medical marijuana. In 2021, the state assembly passed bill A01248, which legalized recreational marijuana. | ||
| Nevada | x | x |
| Both medical cannabis and recreational marijuana are legal in Nevada. Voters passed Question 9 in 2000 to amend the state's constitution to allow medical marijuana. In 2016, voters passed the Question 2 ballot initiative to legalize recreational marijuana. | ||
| North Dakota | x | |
| Medical marijuana is legal in North Dakota. It was legalized in 2016 when the state's voters approved Measure 5. Recreational marijuana is not legal in North Dakota but has been decriminalized. Voters will decide in November 2022 if adults will legally be allowed to possess limited amounts of recreational marijuana. | ||
| Ohio | x | |
| Medical marijuana is legal in Ohio. In 2016, the state legislature passed HB 523 to legalize the medical use of the plant. | ||
| Oklahoma | x | |
| Medical cannabis is legal in Oklahoma. In 2018, voters passed Question 788 to legalize its medical use. | ||
| Oregon | x | x |
| Both medical and recreational marijuana are legal in Oregon. In 1998, the state's voters passed the Oregon Medical Marijuana Act to legalize medical use. Oregon's legislature passed SB 161 in 2007 to amend provisions in that act and create new ones related to medical marijuana use. In 2014, voters approved Measure 91 to legalize recreational marijuana. | ||
| Pennsylvania | x | |
| Medical marijuana is legal in Pennsylvania. In 2016, the legislature passed SB 3 to legalize medical marijuana. | ||
| Puerto Rico | x | |
| Medical marijuana is legal in Puerto Rico. In 2007, the U.S. territory's general assembly passed SB 791 to allow the legal use of medical marijuana for certain medical conditions. | ||
| Rhode Island | x | |
| Medical marijuana is legal in Rhode Island. In 2006, the state's general assembly voted in favor of a bill that legalized medical marijuana. Rhode Island's governor vetoed the bill, but the state assembly overrode the veto. In 2009, the state's general assembly passed SB 185 to amend its medical marijuana law to establish centers for medical marijuana to be distributed. | ||
| South Dakota | x | |
| Medical marijuana is legal in South Dakota, but the legal status of recreational marijuana is currently uncertain. In 2020, voters in the state passed both Initiated Measure 26 to legalize medical marijuana and Constitutional Amendment A to legalize recreational marijuana. The enactment of Constitutional Amendment A was blocked by the state's supreme court. A bill to legalize recreational marijuana passed in South Dakota's state senate in 2022 but was defeated in the state's house of representatives. South Dakota residents will vote on legalizing recreational marijuana in November 2022. | ||
| Utah | x | |
| Medical marijuana is legal in Utah. In 2018, the state legislature passed HB 3001 to legalize medical marijuana. | ||
| Vermont | x | x |
| Both medical and recreational cannabis are legal in Vermont. In 2004, the state legislature passed SB 76, which legalized the use of medical marijuana for patients with specific serious illnesses. Three years later, the legislature passed SB 7 to expand the use of medical marijuana for more conditions. In 2018, the legislature passed H. 511 to allow the legal use of recreational marijuana. | ||
| Virginia | x | x |
|
Both medical and recreational cannabis are legal in Virginia. In 2017, Virginia's legislature enacted a comprehensive bill that legalized cannabidiol (CBD) and tetrahydrocannabinolic acid (THCA) oil for patients with epilepsy. One year later, that bill was expanded to include patients with any diagnosed condition or disease. In 2021, the legislature fully legalized recreational marijuana by passing HB 2312, but legal sales of recreational cannabis won't begin until 2024. The state is delaying the establishment of a commercial market to first create a comprehensive regulatory framework. Possession of up to one ounce of marijuana is legal for adults ages 21 and older. |
||
| Washington | x | x |
| Both medical and recreational marijuana are legal in the state of Washington. In 1998, voters passed Initiative 692 to legalize medical marijuana. In 2010, the state legislature adopted SB 5798, which allows authorized healthcare professionals other than physicians to recommend medical marijuana for patients. In 2012, Washington voters approved Initiative 502 to legalize recreational marijuana. | ||
| West Virginia | x | |
| Medical marijuana is legal in West Virginia. In 2017, the state legislature passed SB 386 to legalize the medical use of the plant. |
What's next for marijuana legalization?
Both medical and recreational marijuana use remains federally illegal, with the Controlled Substances Act of 1970 classifying cannabis as a Schedule I drug. Despite this classification, which is reserved for substances with no accepted medical use and a high potential for abuse, the medicinal benefits of marijuana are hard to dispute.
More states are likely to legalize medical and recreational marijuana in the coming years. As public support keeps increasing, and the number of marijuana stocks rapidly proliferate, more states are considering the potential tax revenue benefits from cannabis sales.
Efforts are also underway in the U.S. Congress to enact major cannabis reform at the federal level. The U.S. House of Representatives passed a bill in April 2022 that would legalize cannabis throughout the U.S. However, it’s uncertain whether the legislation will receive a vote in the U.S. Senate.
Related Investing Topics
As mentioned earlier, President Biden has also taken initial steps that just might lead to the federal decriminalization of marijuana. In October 2022, the president announced pardons for all prior convictions of federal laws related to the simple possession of marijuana (i.e., the possession of small amounts of the drug intended for personal use with no intention to sell). He also directed the U.S. Attorney General and the Secretary of Health and Human Services to begin a review of how marijuana is scheduled under federal law.
Many cannabis proponents believe that it is only a matter of time before marijuana becomes legal, or at least decriminalized, nationwide.
The Motley Fool has a disclosure policy.
