List of US states where marijuana is legal and where it is still criminalized

The times are changing in the United States with more and more states allowing the use of marijuana for either medical and/or recreational purposes as well as decriminalizing its usage. The legal landscape though can be confusing with variations of laws about how, in what way and when it can be used as well as if the cannabis plant can be cultivated.

Likewise, the federal government still considers it illegal and the Controlled Substances Act of 1970 classifies it as a Schedule I substance. Here’s a look at the range of laws from where you can toke up without looking over your shoulder to where it could land in the clink.

List of states where marijuana is still criminalized

There are 19 states where possession of even small amounts of cannabis is punishable with jail time even in eight states that legally allow its usage for medical purposes.

Seven states allow for the use of CBD oils that contain THC, the chemical compound in cannabis that produces the high, but possession of marijuana still carries a penalty that includes potential incarceration.

Kentucky has passed legislation this year that will legalize the medical use of marijuana, but it doesn’t go into effect until 2025. However, unauthorized cannabis use and possession will not be decriminalized.

In four states all use of marijuana and CBD oils that contain THC are strictly forbidden. They include Idaho, Kansas, South Carolina and Wyoming. The penalties range from 30 days up to a year for first time offenders and/or a fine.

Map of US states where marijuana is legal:

Ohio voters overwhelmingly approved legalizing recreational use of marijuana, becoming the 24th state to do so in the United States along with the District of Columbia. There are fourteen additional states that allow its use with a medical recommendation but only five of those have decriminalized marijuana. They include Hawaii, Louisiana, Mississippi, New Hampshire and North Dakota. While neither recreational use nor medical use is allowed both Nebraska and North Carolina have decriminalized the narcotic.

To find out the exact rules surrounding marijuana use, DISA Global Solutions provides a state-by-state resource list.