State-by-state breakdown of recreational use of cannabis

In December 2020, the U.N. Commission on Narcotic Drugs voted to  reclassify cannabis, potentially making this decision a  watershed moment. This vote took the substance off of the strict list that includes dangerous and highly addictive drugs which in turn is  easing restrictions on research into marijuana’s therapeutic use  and medical benefits. While the vote  isn’t predicted to have an immediate impact on loosening international controls, many nations will look to global conventions like this for guidance.

There is also a lot of research into the driving behavior of marijuana users, and if they would consider driving under the influence. 

The overhaul of cannabis policy around legalization has undoubtedly moved at a rapid pace over the past few years. While still a sticky topic on a federal level and unevenly addressed, 37 states in the U.S. have taken part in decriminalizing and legalizing medical use as well as recreational use of cannabis. Here is a state-by-state breakdown of legislation passed so far in 2022 and a breakdown of states that have already legalized recreational use.

State legislations that have passed so far in 2022

Montana 

• Passed in December 2021.
• On January 1, 2022, adult-use recreational marijuana became available for purchase in counties where a majority of its residents voted in favor of cannabis legislation. 
• Any adult over the age of 21 can purchase up to an ounce with products taxed at 20 percent. 

Philadelphia, Pennsylvania

• Starting on January 1, 2022, many employers will no longer be able to require applicants to be drug tested for marijuana as a condition of their employment. Similar rules are in place in New York. 
• In November 2021, city voters strongly approved a referendum on marijuana legalization that would decriminalize, regulate and tax the use and sale to adults aged 21 and older for non-medical purposes. 

Connecticut 

• Passed on July 1, 2021. 
• Adults 21 and older can possess up to 1.5 ounces of recreational cannabis. The state passed medical marijuana back in 2012 and has since registered over 50,000 patients. 

Legalized states

Alaska

• Passed in February 2015, became the  first state to license onsite cannabis consumption.
• Adults can possess up to one ounce of cannabis as well as cultivate up to six plants for personal consumption, untaxed. 
• Recreational shops opened in 2016 and on-site consumption was made possible in 2019 with proper licensure. 

Arizona 

• Passed on November 3, 2020. 
• Adults 21 and older can possess up to one ounce of cannabis and have up to six plants per person or 12 plants per household. 
• Permits  people to petition for the expungement of certain cannabis-related convictions from their record starting July 12, 2021. 
• State’s Department of Health Services to set rules for retail cannabis sales by June 1 2021 that will set forth regulations governing cultivation, distribution and retail. 
• Development of Social Equity Ownership Program to promote  ownership and operation of cannabis establishments and cannabis testing facilities by individuals from communities disproportionally impacted by the enforcement of previous cannabis laws. 

California 

• Passed on November 9, 2016.
• Adults who are not participating in the state’s medical cannabis program are allowed to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce). 
• Retail sales of marijuana by state-licensed establishments began under the law on January 1, 2018, with  large-scale corporate players restricted from getting involved until 2023. 

Colorado

• Passed on December 10, 2012. 
• Adults over 21 are allowed to possess up to one ounce and cultivate up to six marijuana plants with no penalty.
• Public use and use on federal land are illegal. 
• Applied a  10% sales tax on retail marijuana on top of the state’s 2.9% standard sales tax rate in November 2013. These taxes don’t apply to medical marijuana.  

District of Columbia 

• Passed on February 26, 2015.
• Adults over 21 can possess up to two ounces of cannabis and cultivate up to six plants. 
• Operating a vehicle or boat while intoxicated, using cannabis in any public space and selling cannabis to another person is still illegal.

Illinois

• Took effect on January 1, 2020.
• Residents over 21 can legally possess up to 30 grams of cannabis, while out-of-town visitors can legally possess 15 grams. 
• Only medical marijuana patients are allowed to grow (up to five plants) at home, and  only 20 licensed medical marijuana cultivation facilities are licensed to grow. 

Maine

• Passed in May 2018. 
• Adults who are not participating in the state’s medical cannabis program can legally grow (up to six plants) and possess personal use quantities (up to 2.5 ounces). 
• Repeals language permitting the establishment of social-use facilities and increase excise sales tax rates on the sale of wholesale marijuana products. 
• Permits state regulators to establish rules about commercial production and retail sales of cannabis to adults; recreational dispensaries opened in 2020. 

Massachusetts

• Passed on December 15, 2016. 
• Adults 21 and older can possess up to one ounce  (up to 10 ounces stored at home as long as it is locked up) and cultivate up to six plants. 
• Regulations for the commercial marijuana market went into effect in November 2018, and by  October 2020 more than 80 stores were open and the state logged more than $1 billion in sales. 

Michigan

• Passed on December 6, 2018. 
• Adults over 21 can legally grow up to 12 plants and possess personal use quantities (up to 2.5 ounces).
• Licensed storefronts started engaging in adult-use retail marijuana sales in December 2019. 

Montana 

• Passed on November 3, 2020.
• Adults 21 and older can  possess up to one ounce of marijuana and cultivate up to four mature plants for personal use, which took effect January 1, 2021. 
• 20% tax on non-medical cannabis.

Nevada

• Passed in 2016.
• Adults who are not participating in the state’s medical cannabis program can legally grow (up to six plants) and possess personal use quantities (up to one ounce). 
• Commercial marijuana production is subject to a 15% excise tax, effective January 1, 2017. 

New Jersey

• Passed February 22, 2021. 
• Adults 21 and older are allowed to use and possess up to  six ounces of cannabis.
• Clarifies marijuana and cannabis  use and possession penalties for those younger than 21 to a civil penalty. 
• Allows municipalities to adopt a local transfer tax imposed on sales.
• Working on a bill to enable the state’s  nine existing medical marijuana companies to sell excess cannabis to recreational users. 

New Mexico

• Passed April 12, 2021. 
• Adults 21 and older allowed to carry up to two ounces, and individuals could have six plants per home or up to 12 per household, effective starting June 29, 2021. 
• Passed medical use back in 2007. 
• People with past marijuana convictions can have their records expunged and make people currently serving a punishment for a marijuana-related crime eligible for resentencing. 
• Plans to launch a legally regulated market by April 2022 and be  taxed at 12 percent. 

New York 

• Passed on March 31, 2021. 
• Adults can legally possess up to  three ounces of cannabis for recreational purposes and smoke in public where smoking tobacco is allowed. 
• Permitted home cultivation of up to six cannabis plants per person or up to 12 plants per household starting in 2022. 
• Established procedures for the automatic review and  expungement of the criminal records of those with low-level cannabis convictions. 
• Became one of the largest markets of legal cannabis in the nation and one of the few states where legalization is directly tied to economic and racial equity. 
• 40% of tax revenue from cannabis sales will be steered to the community. 

Oregon

• Passed in 2014. 
• Adults over the age of 21 can possess up to one ounce of cannabis and cultivate 4 plants in public,  recreational users of legal age can possess up to eight ounces on private property. 
• Retail sales began in January 2017. 

South Dakota

• Session on April 28, 2021 to hear oral arguments about  Amendment A, which allows adults to purchase and possess up to one ounce of marijuana and grow up to three plants for personal use. 
• If affirmed by the state Supreme Court, the law will take effect on July 1, 2021. 

Vermont

• Took effect on July 1, 2018. 
• Adults over 21 can legally possess up to one ounce of cannabis and cultivate up to six marijuana plants for personal use at home. 
• Imposed new penalties about consuming cannabis while driving and for those who operate a motor vehicle impaired with a minor in the vehicle. 
• Established rules and taxation rates governing licensed commercial production and sale of cannabis and cannabis products to adults in 2020,  stating that regulators will not begin licensing cannabis-related businesses until spring 2022. 

Virginia 

• Passed April 7, 2021. 
• Adults over 21 years of age  can legally possess up to one ounce of cannabis without the intent to distribute  beginning July 1, 2021. 
• Allow home cultivation of up to four plants per household beginning July 1, 2021. 
• Public use of the drug is prohibited.
• Established  Virginia Cannabis Control Authority to oversee the establishment of regulations  that will govern the adult-use market.

Washington

• Took effect on December 6, 2012. 
• Adults can possess up to one ounce of cannabis, up to 16 ounces of marijuana-infused product in solid form, and 72 ounces of marijuana-infused product in liquid form for personal use in private. 
• Public consumption is subject to civil violation and a fine. 
• Recreational sales began in July 2014. 

Laws related to marijuana and driving

States vary in how permissable they find driving under the influence of cannibus or THC to be. 

Twelve states (Arizona, Delaware, Georgia, Indiana, Iowa, Michigan, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Utah and Wisconsin) have zero-tolerance laws for driving under the influence of THC. If you found to be driving with any THC in your system, you can receive a ticket.

Five states (Illinois, Montana, Nevada, Ohio and Washington) have a defined legal limit that you can be fined for driving in excess of, much like with alcohol.

Most other states will only test drivers for drugs if their driving is actually impaired. 

Other states with marijuana law changes in the works

Other states with the legalization of recreational use of cannabis on the agenda this year include  Connecticut,  Delaware,  Florida,  Hawaii,  Iowa,  Kentucky,  Minnesota,  Nebraska,  North Dakota,  Pennsylvania,  Rhode Island,  Texas  and  Wyoming. 

Learn more about the impact of legalization on driving behavior in our latest  Cannabis Driving Statistics Research Report, and read up on how recreational use of marijuana can impact the neighborhood  here.