What states is weed legal?
What States is Weed Legal?
Cannabis, commonly referred to as weed, marijuana, pot, or ganja, stands out as a widely utilized and debated substance globally. With a rich historical backdrop spanning ancient times, cannabis has served diverse purposes, including medicine, religious rituals, recreation, and industrial applications. Nevertheless, legal constraints and prohibitions are imposed on cannabis in numerous countries owing to its psychoactive impacts and perceived health and societal hazards. This piece delves into the legal standing of cannabis across various regions and nations, investigates the rationale for its prohibition, and considers the likelihood of its legalization in the foreseeable future. So, in what states is weed legal?
Highlights
- Cannabis is permitted for recreational and medicinal purposes in certain nations, including Canada, Uruguay, Thailand, and South Africa, as well as in specific regions within the United States and Australia.
- Cannabis is prohibited for any use in the majority of countries, particularly in Asia and the Middle East, where severe penalties, including death sentences, can be imposed for the possession, cultivation, or trafficking of cannabis.
- Cannabis is either decriminalized or tolerated in various countries, such as the Netherlands, Portugal, Spain, and Mexico, where personal use and possession of small amounts of cannabis are not subject to prosecution or punishment. However, commercial sales and production are still regulated or prohibited.
- At the federal level in the United States, cannabis is illegal. Still, the federal government has largely refrained from enforcing its laws in states that have legalized cannabis for medical or recreational purposes.
- At the federal level in the United States, cannabis is illegal. Still, the federal government has largely refrained from enforcing its laws in states that have legalized cannabis for medical or recreational purposes.
- The legalization of cannabis is a multifaceted and controversial issue that encompasses various considerations, including public health, public safety, human rights, social justice, economic development, and environmental protection.
- Recent polls indicate that a majority of Americans support the legalization of cannabis. However, it encounters political and legal challenges from opponents such as the pharmaceutical industry, law enforcement agencies, and conservative groups.
Where is Weed Legal?
The legal status of weed varies widely across the world, ranging from full legalization to complete prohibition. The following table summarizes the current situation of weed legality in different regions and countries based on the information from the web search results. Moreover, if you are moving from one state to another, check the Federal Marijuana Legalization.
Region/Country | Legal Status | Details |
---|---|---|
North America | Diverse | Canada emerged as a trailblazer in fully legalizing weed for both medical and recreational purposes in 2018. In the United States, although federal law criminalizes weed, 18 states, 3 territories, and the District of Columbia have embraced recreational legalization. In comparison, 38 states, 4 territories, and the District of Columbia permit medical use as of 2022. Mexico has decriminalized personal weed use (up to 5 grams) and legalized medical weed since 2017. Remarkably, the Supreme Court of Mexico declared the prohibition of recreational weed unconstitutional, mandating Congress to pass a legalization bill by April 2022. |
South America | Varied | Uruguay stands alone in South America, having fully legalized weed for both medical and recreational use since 2013. Other nations like Argentina, Chile, Colombia, Ecuador, and Peru allow medical use and tolerate or decriminalize personal possession of small weed amounts. Brazil legalized medical weed but maintains penalties for personal use and possession. Bolivia, Paraguay, and Venezuela uphold strict anti-weed laws without any form of legalization. |
Europe | Diverse | The Netherlands is renowned in Europe for its lenient weed policy since 1976, permitting licensed coffee shops and personal use (up to 5 grams), but still labeling weed as illegal with penalties for cultivation and supply. Portugal decriminalized all drugs, including weed (up to 25 grams), in 2001. Spain has allowed personal use (up to 100 grams) and private club cultivation since 2015, despite weed remaining illegal with fines for sale and public use. Germany, Greece, Ireland, Italy, Luxembourg, Malta, Poland, and Switzerland legalized medical weed and tolerated small personal amounts. However, France, the United Kingdom, and most European nations retain strict anti-weed laws. |
Asia | Predominantly Illegal | Thailand has Asia legalized weed for both medical and recreational use since 2021, allowing household cultivation (up to six plants). Israel, Lebanon, Sri Lanka, and Turkey legalized medical use but maintained penalties for personal use. India, Nepal, and Pakistan, despite cultural ties to weed, deem it illegal with varying enforcement and penalties. China, Japan, South Korea, and most other Asian countries harshly prohibit weed with severe penalties, including death sentences in certain cases. |
Africa | Varied | South Africa made history in 2018, legalizing weed for both medical and recreational purposes following a Constitutional Court ruling deeming the prohibition unconstitutional. Malawi, Zambia, and Zimbabwe legalized medical use and tolerated or decriminalized personal possession. Lesotho and Morocco permit the cultivation and export of medical and industrial weed but haven't legalized domestic use. Egypt, Nigeria, and many other African countries uphold strict anti-weed laws without any form of legalization. |
How Many States Have Legalized Weed?
The following table summarizes how many states have legalized recreational and medical marijuana as of November 2021.
State There Weed is Legal | Recreational Use | Medical Use | Home Cultivation | Possession Limit | Purchase Limit | Dispensaries | Taxes and Fees | Expungement |
---|---|---|---|---|---|---|---|---|
Alaska | Yes | Yes | Yes (6 plants, 3 mature, per household) | 1 oz | 1 oz | Yes | $50/oz for cultivators, local sales taxes | Yes |
Arizona | Yes | Yes | Yes (6 plants per person, 12 per household) | 1 oz (5 g of concentrate) | 1 oz (5 g of concentrate) | Yes | 16% excise tax, state and local sales taxes | Yes |
California | Yes | Yes | Yes (6 plants per household) | 1 oz (8 g of concentrate) | 1 oz (8 g of concentrate) | Yes | 15% excise tax, cultivation tax, state and local sales taxes | Yes |
Colorado | Yes | Yes | Yes (6 plants, 3 mature, per person) | 1 oz | 1 oz | Yes | 15% excise tax, 15% sales tax, state and local sales taxes | Yes |
Connecticut | Yes | Yes | Yes (3 mature and 3 immature plants per person, 6 and 6 per household) | 1.5 oz (5 oz in locked container) | 1.5 oz (5 oz in locked container) | No (expected in 2022) | 6.35% sales tax, 3% local tax, excise tax based on THC content | Yes |
Guam | Yes | Yes | Yes (6 plants, 3 mature, per household) | 1 oz (8 g of concentrate) | 1 oz (8 g of concentrate) | No (expected in 2022) | 15% excise tax | Yes |
Illinois | Yes | Yes | Yes (5 plants per household, medical patients only) | 1 oz (non-residents 0.5 oz) | 1 oz (non-residents 0.5 oz) | Yes | 7% cultivation tax, 10-25% excise tax based on THC content, state and local sales taxes | Yes |
Maine | Yes | Yes | Yes (3 mature, 12 immature, and unlimited seedlings per person) | 2.5 oz (5 g of concentrate) | 2.5 oz (5 g of concentrate) | Yes | 10% sales tax | Yes |
Massachusetts | Yes | Yes | Yes (6 plants per person, 12 per household) | 1 oz (5 g of concentrate) | 1 oz (5 g of concentrate) | Yes | 10.75% excise tax, 6.25% sales tax, up to 3% local tax | Yes |
Michigan | Yes | Yes | Yes (12 plants per household) | 2.5 oz (15 g of concentrate) | 2.5 oz (15 g of concentrate) | Yes | 10% excise tax, 6% sales tax | Yes |
Montana | Yes | Yes | Yes (4 mature, 4 seedlings, per person) | 1 oz (8 g of concentrate) | 1 oz (8 g of concentrate) | Yes | 20% sales tax | Yes |
Nevada | Yes | Yes | Yes (6 plants per person, 12 per household, if 25 miles away from a dispensary) | 1 oz (3.5 g of concentrate) | 1 oz (3.5 g of concentrate) | Yes | 15% excise tax, 10% sales tax, state and local sales taxes | Yes |
New Jersey | Yes | Yes | No (expected in 2022) | 6 oz | TBD | Yes | 6.625% sales tax, up to 2% local tax, and social equity tax based on market price | Yes |
New Mexico | Yes | Yes | Yes (6 mature, 6 immature, per person, 12 and 12 per household) | 2 oz (16 g concentrated marijuana) | 2 oz (16 g concentrated marijuana) | No (expected in 2022) | 12% excise tax (increasing to 18% by 2030), state and local sales taxes | Yes |
New York | Yes | Yes | Yes (3 mature, 3 immature, per person, 6 and 6 per household) | 3 oz (24 g of concentrate) | TBD | No (expected in 2022) | 9% excise tax, 4% sales tax, up to 4% local tax, THC tax based on product type and potency | Yes |
Oregon | Yes | Yes | Yes (4 plants per household) | 1 oz (5 g of concentrate) | 1 oz (5 g of concentrate) | Yes | 17% state tax, up to 3% local tax | Yes |
South Dakota | Yes | Yes | Yes (3 plants per person, 6 per household, if registered as medical patient) | 1 oz | 1 oz | No (expected in 2022) | TBD | TBD |
Vermont | Yes | Yes | Yes (2 mature, 4 immature, per household) | 1 oz (5 g of concentrate) | TBD | No (expected in 2022) | TBD | Yes |
Virginia | Yes | Yes | Yes (4 plants per household) | 1 oz | N/A | No (expected in 2024) | TBD | Yes |
Washington | Yes | Yes | No (except for medical patients) | 1 oz (7 g of concentrate) | 1 oz (7 g of concentrate) | Yes | 37% excise tax, state and local sales taxes | Yes |
Washington, D.C. | Yes | Yes | Yes (6 plants, 3 mature, per person) | 2 oz | N/A | No (gifts and home delivery allowed) | N/A | Yes |
Why is Weed Illegal?
The legality of cannabis is a multifaceted and contentious matter entwined with historical, political, social, and economic origins. Here are key rationales behind the widespread prohibition of cannabis in many nations.
- Cannabis falls under the classification of a Schedule I substance according to the 1961 Single Convention on Narcotic Drugs, an international agreement governing the production, trade, and utilization of narcotic substances. Schedule I substances are defined as having a high potential for abuse, lacking accepted medical applications, and posing safety risks under medical supervision. The treaty mandates signatory nations to outlaw the cultivation, production, distribution, and possession of cannabis for any purpose except for scientific and medical research. Additionally, the treaty establishes the International Narcotics Control Board (INCB), an impartial entity overseeing parties' compliance and providing counsel on drug control affairs.
- Cannabis is perceived as a detrimental substance capable of compromising the physical and mental well-being of users, particularly the younger demographic. Short-term effects may include impaired memory, attention, coordination, judgment, reaction time, elevated heart rate, blood pressure, appetite, and anxiety. Long-term repercussions may involve respiratory issues, cognitive decline, psychiatric disorders, addiction, and dependency. Furthermore, cannabis can interact with other substances like alcohol, tobacco, and prescription medications, heightening the risk of adverse effects and overdose.
- Cannabis is linked to a spectrum of social and legal predicaments, including crime, violence, corruption, and trafficking. Criminal organizations, gangs, cartels, and terrorists often tie their activities to illegal cannabis production and trade, utilizing violence and intimidation to safeguard their interests and markets. Moreover, cannabis is perceived as a precursor to the usage of other illicit substances like cocaine, heroin, and methamphetamine. Its use can also hinder users' capacity to fulfill their duties and responsibilities, such as driving, working, studying, and parenting, elevating the likelihood of accidents, injuries, and fatalities.
- Cannabis faces opposition from various political and economic factions, including the pharmaceutical industry, law enforcement agencies, and conservative groups. The pharmaceutical sector sees cannabis as a potential threat to its profits and patents, as it could provide a more cost-effective and natural alternative to certain products like painkillers, anti-inflammatories, and anti-depressants. Law enforcement agencies perceive cannabis as a revenue source and power outlet, as cannabis-related arrests and seizures generate income, justifying their budgets and operations. Conservative groups regard cannabis as a moral and cultural menace, challenging their cherished values and beliefs such as religion, family, and patriotism.
When Will Weed Be Federally Legal?
The debate over the federal legalization of cannabis in the United States is contentious and uncertain, contingent upon various factors, including public sentiment, political determination, legal hurdles, and global commitments. The following are key facets and potential outcomes of federal cannabis legalization in the United States.
- Public sentiment: Recent surveys indicate that a majority of Americans endorse the legalization of cannabis for both medicinal and recreational purposes. A growing number of individuals perceive cannabis as less harmful than alcohol and tobacco. Shifts in public opinion have occurred over the years, influenced by increased exposure to the benefits and realities of cannabis use, along with the legalization of cannabis in various states for medical or recreational use. However, public opinion varies across the country, with significant disparities among regions, demographics, and groups, including age, gender, race, education, income, religion, and political affiliation.
- Political determination: The willingness to legalize cannabis at the federal level in the United States is shaped by the actions and stances of the executive, legislative, and judicial branches of the government, as well as the lobbying efforts and advocacy of diverse stakeholders and interest groups. The executive branch, led by the president and the attorney general, possesses the authority to reschedule or reschedule cannabis from the Controlled Substances Act, potentially easing federal restrictions. The legislative branch, consisting of Congress and the Senate, can pass bills and laws regulating or taxing cannabis federally while respecting the rights of states that have legalized cannabis. The judicial branch, including the Supreme Court and lower courts, can rule on the constitutionality and legality of federal and state cannabis laws, resolving conflicts that may arise. Stakeholders such as the cannabis industry, medical professionals, civil society, and the media influence public opinion and political determination by providing information, evidence, arguments, and narratives and mobilizing resources, actions, and campaigns.
- Legal challenges: The federal legalization of cannabis in the United States faces legal challenges, including the supremacy clause, the commerce clause, and international treaties. The supremacy clause establishes federal law as supreme, allowing the federal government to override state laws conflicting with federal regulations, such as cannabis legalization. The commerce clause grants the federal government jurisdiction to regulate interstate and foreign commerce, extending to the production, distribution, and consumption of cannabis within states that have legalized it. International treaties, like the 1961 Single Convention on Narcotic Drugs, obligate the United States to comply with the global drug control regime, which generally opposes cannabis legalization, except for scientific and medical research.
- Global commitments: Federal cannabis legalization in the United States would have significant repercussions for international drug policy and diplomacy. As a major player in the worldwide war on drugs and a supporter of the global drug control regime, the United States' legalization of cannabis would challenge the legitimacy and credibility of this regime. It could lead to tensions with countries adhering to a prohibitionist approach, especially those grappling with violence and corruption due to the illegal drug trade. Additionally, federal cannabis legalization in the United States might serve as an inspiration for other nations to adopt more progressive and humane drug policies, such as decriminalization, harm reduction, and regulation.