In the U.S., recreational and medical marijuana remain illegal under Federal law. However, CBD is legal if the percentage of THC it contains does not exceed the prescribed amount (0.3 percent). Also, a growing number of states have decriminalized it, and many states have legalized it.

What is the difference between decriminalization and legalization?

“Decriminalization” means that although it is still illegal to possess, use or sell cannabis, it is no longer a criminal offence, but rather, an offence under a civil state law.  Usually, civil penalties result in fines.

“Legalization” means that all government-enforced penalties for possessing and using cannabis have been abolished if the use, possession, and sale of cannabis are within the law. For example, legalization usually allows:

• individuals to grow a limited number of plants
• individuals to possess cannabis in limited amounts, and
• authorized licensed sellers to sell cannabis and cannabis products

States where medical cannabis is legal

Use of “Medical cannabis” is legal in almost all U.S. states and the territories of Puerto Rico, Guam, Northern Mariana Islands and the U.S. Virgin Islands. Medical cannabis is still illegal in Idaho, Kansas, South Carolina, and Wyoming. However, CBD oil, with a limited amount of THC is legal in Kansas and Wyoming, and THC-free CBD is legal in Idaho and South Carolina.

In the states where medical cannabis is legal, there are laws regarding its use, such as type of products, permissible quantities, and THC percentages.

States where recreational cannabis is legal

Recreational cannabis is legal in 24 states and three territories. There are state laws surrounding issues such as allowable quantities, usage, sale, product type, and possession. In addition, when a state legalizes recreational cannabis there may be a delay from the date the law was passed to the date that it is effective.

• Alaska
• Arizona
• California
• Colorado
• Connecticut
• Delaware
• Illinois
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Missouri
• Montana
• Nevada
• New Jersey
• New Mexico
• New York
• Ohio
• Oregon
• Rhode Island
• Vermont
• Virginia
• Washington

and in the following territories:

• Northern Mariana Islands
• Guam
• S. Virgin Island

States where recreational marijuana has been decriminalized but is not yet legal

Before recreational cannabis is legalized, many States decriminalize it first. Also, it is possible for only certain cities in a state to decriminalize it. Interestingly, there are some cities where recreational cannabis has been ‘practically’ decriminalized because the police refuse to make arrests for smaller quantities.

• Georgia (in some cities)
• Hawaii
• Louisiana
• Mississippi
• Nebraska
• New Hampshire
• North Carolina
• North Dakota
• Pennsylvania (in some cities)
• Wisconsin (in some cities)

State laws on cannabis change often, and therefore, it is advisable to check the specific laws of the state you are planning to visit before you go.

Get help

To erase your criminal record for simple cannabis possession or any other criminal charges, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

If you have been charged with a criminal offence, it is important to hire an experienced criminal defence lawyer as soon as possible. Contact our preferred criminal defence expert, Calvin Barry Criminal Lawyers for a free consultation at 416-938-5858 .

								
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