States Where Recreational Marijuana Is Legal

Voters in Maryland and Missouri voted to legalize cannabis possession for adults in their states in November 2022.

Those measures, plus Rhode Island’s own legalization earlier in 2022 and previous initiatives over the years, bring the total number of states that have acted to legalize recreational marijuana to 21. The District of Columbia and Guam have also enacted legalization measures.

South Dakota passed legalization through a ballot measure in 2020, but in late November 2021, the state Supreme Court nullified it, as reported by The Associated Press. The decision followed a lawsuit backed by Republican Gov. Kristi Noem. A similar measure failed to get enough votes in the state in November 2022.

According to 2020 U.S. Census Bureau numbers, more than 158 million Americans now live in a state that has legalized marijuana.

The wave of initiatives to legalize marijuana began in 2012, and has mostly been driven by coastal states. More states are likely to join their ranks in the coming years, as about two-thirds of American adults support marijuana legalization at both the federal and state level, according to an April 2022 survey by CBS News/YouGov.

States have been setting their own guidelines for the legality of marijuana use and the quantities they deem legal for a resident to possess. At the federal level, however, the Drug Enforcement Administration continues to classify marijuana as a Schedule I drug, “with no currently accepted medical use and a high potential for abuse.” But a Senate bill introduced in July 2022 could change that in the form of federal decriminalization. Additionally, an Oct. 7, 2022 proclamation by President Joe Biden – in addition to pardoning thousands for simple possession – called for a federal review into how marijuana is scheduled.

Here are the 21 states that have moved to legalize marijuana for recreational use, as of November 2022. States appear in chronological order for when their legalization measures were approved.

Approved in 2012

Adults in Colorado can possess up to 1 ounce of marijuana and can grow up to six plants at home. The state specifies that counties and municipalities can pass stricter laws.

Approved in 2012

In Washington, adults can purchase up to 1 ounce of usable marijuana, meaning it’s in the form of harvested flowers. They can buy up to 16 ounces of marijuana-infused edibles, 72 ounces of marijuana in liquid form and 7 grams of marijuana concentrates.

While many states ban people from driving under the influence of any amount of marijuana, Washington has a limit of 5 nanograms of THC, the psychoactive chemical ingredient in marijuana, per milliliter of blood.

Approved in 2014

Alaskans can grow up to six marijuana plants in their home, but only three of the plants can be flowering at any time.

Approved in 2014

Oregon residents can keep up to 8 ounces of marijuana and four marijuana plants in their home, and they can have up to 1 ounce of marijuana on their person while in public.

On Election Day 2020, Oregon voters also decriminalized hard drugs including cocaine, methamphetamine and heroin, while authorizing psychedelic mushrooms for medicinal use.

Approved in 2016

Californians can have up to 1 ounce of cannabis, up to 8 grams of concentrated cannabis and up to six cannabis plants, which must be grown at home.

Approved in 2016

Maine’s law allows residents to have up to 2.5 ounces of marijuana, which may include up to 5 grams of marijuana concentrate. People can also have up to six “flowering marijuana plants” and “12 immature plants and unlimited seedlings,” according to the state’s website.

Approved in 2016

In Massachusetts, people can have 10 ounces of marijuana in their home, but anything over 1 ounce must be locked up. Residents can grow up to six plants at home, and marijuana is prohibited on public or federal land.

Approved in 2016

Nevadans can possess up to 1 ounce of marijuana and up to one-eighth of an ounce of concentrated marijuana. They can grow up to six plants per person, or 12 plants per household.

Approved in 2018

Vermont was the first state to legalize marijuana through its Legislature instead of through a ballot measure. Residents can possess up to 1 ounce of cannabis and each household is allowed two mature and four immature marijuana plants.

Approved in 2018

Michigan residents can possess up to 2.5 ounces of cannabis and can grow as many as 12 plants, as long as they are hidden from the public.

As of 2020, the state has operational retailers where patrons can purchase cannabis for recreational use, and provisioning centers for medical use.

Approved in 2019

Illinois followed Vermont’s lead, legalizing cannabis possession through its legislature instead of a ballot measure. Under the law, which went into effect in January 2020, residents can possess up to 30 grams of cannabis flower and 5 grams of cannabis concentrate.

Approved in 2020

Voters in New Jersey approved a ballot initiative to legalize marijuana by nearly 67% on Election Day 2020. The text of the measure stipulates that only adults over the age of 21 would be able to use cannabis. It authorized the existing state commission on medical cannabis to govern the market for recreational use, and made the cannabis trade subject to state and local taxes. Legalization went into effect Jan. 1, 2021.

Approved in 2020

On Election Day 2020, Montana featured two popular vote measures that would regulate the use of recreational marijuana. Montana Initiative 190 – which legalized the possession and use of limited amounts of cannabis by adults 21 and over – was approved by nearly 57% of voters, according to the Montana secretary of state. Montana Constitutional Initiative 118 – which allows the state Legislature to set an age for marijuana use and consumption – passed with 58% of the vote.

Approved in 2020

Arizona’s Proposition 207 would allow limited marijuana use, possession and cultivation by adults over age 21; ban smoking in public; establish state and local regulation of marijuana licenses; and allow marijuana offenses to be expunged. About 60% of voters supported the measure on Election Day 2020.

Approved in 2021

After Gov. Andrew Cuomo’s signing of the Marihuana Regulation and Taxation Act on March 31, individuals age 21 and older will be able to possess up to 3 ounces of recreational cannabis. The state will establish two regulatory bodies to manage the sale of adult-use marijuana.

Approved in 2021

On April 7, 2021, both chambers of Virginia’s General Assembly passed SB1406, with amendments put forth by Gov. Ralph Northam. Since the legislature approved the governor’s amendments, no further action was needed to enact the law, a staff member for Northam confirmed. The amended legislation will allow Virginians age 21 or older to possess up to 1 ounce of recreational marijuana as of July 1, 2021. While the law will also allow residents to grow up to four cannabis plants, the measure as enacted doesn’t establish a framework for licensing retail sales of adult-use marijuana.

Approved in 2021

Gov. Michelle Lujan Grisham signed the legalization measure HB2 into law on April 12. The law went into effect on June 29, allowing adults over age 21 to possess up to two ounces of cannabis outside their homes and grow up to 12 total marijuana plants per household, according to Regulation and Licensing Superintendent Linda Trujillo.

Approved in 2021

On June 22, Gov. Ned Lamont signed the state’s marijuana legalization bill, SB1201. Starting July 1, individuals over age 21 will be able to possess up to 1.5 ounces of recreational cannabis in public, as well as another five ounces in a secured container at home or in a vehicle. Low-level marijuana offenses will be expunged under the law. The state will establish regulatory guidelines before launching retail sales in full around the summer of 2022, at the earliest.

Approved in 2022

Rhode Island Gov. Dan McKee signed into law on May 25, 2022, a state legislature bill that legalizes, regulates and taxes cannabis in the state. The law legalizes possession of up to an ounce of cannabis and cultivation of up to three cannabis plants in a private residence for adults 21 and older, according to the Marijuana Policy Project. It establishes a timeline to create a market to be overseen by a new regulatory commission, and as of May, sales are expected to begin by December 2022.

Approved in 2022

Voters’ Election Day ballot approval of Question 4 paved the way for Maryland adults to possess and use cannabis as early as July 2023. Companion legislation passed in the Maryland General Assembly stipulates that citizens would be allowed to possess up to 1.5 ounces, repeals the term “marijuana” and replaces it with cannabis, and offers a pathway toward expungement and resentencing for people convicted of certain cannabis offenses.

Approved in 2022

Voters in Missouri also approved recreational marijuana legalization on Election Day 2022 through a ballot measure, which will limit possession to up to 3 ounces. The result cleared the path for legalized cannabis use in a state that was among the 10 with the most marijuana possession arrests reported by state and local agencies between 2017 and 2021, according to a U.S. News analysis of data available through the FBI. A registration card will be required for “personal cultivation,” there will be a 6% tax on the retail price of cannabis and citizens with certain non-violent marijuana-related offenses can petition to have their records expunged.

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