State of the (Cannabis) Union: Where is Medical Marijuana Legal?

State of the (Cannabis) Union: Where is Medical Marijuana Legal?

With an overwhelming majority of Americans demonstrating their support for medical marijuana, the sense of excitement and potential around this all-natural plant medicine has never been higher. But don’t, as they say, count those chickens before they’re hatched. While 2020 saw no fewer than four states—Arizona, Montana, New Jersey, and South Dakota—approve adult-use marijuana, it remains a Schedule I controlled substance under federal law.

This makes it more important than ever to know where medical marijuana is legal and what restrictions specific states place on its use. With that in mind, here’s the list of medical marijuana states, current as of Spring 2021.  If you are thinking of opening a dispensary in these states, make sure to work towards educating your customers!

States that Permit Medical Marijuana, Spring 2021

medical marijuana this way

Alabama

Alabama does not permit any form of marijuana. But early in 2021, the State Senate approved a medical-marijuana bill to progress to the full floor for consideration.

Alaska

The northernmost state has allowed medical marijuana since 1998 and adult-use since 2014.

Arizona

Though it only legalized adult-use marijuana in 2020, Arizona has allowed medical marijuana since 2010.

Arkansas

As of 2016, medical marijuana is legal with a doctor’s certification in Arkansas.

California

The Golden State was the first to permit medical marijuana, back in 1996. Since 2016, adult-use marijuana has been legal as well.

Colorado

medical marijuana colorado

Since approving medical cannabis in 2000, the Centennial State opted for adult-use in 2012.

Connecticut

The state passed a medical-marijuana bill in 2012. While adult-use marijuana is technically prohibited, the state has decriminalized possession of up to half an ounce of flower.

Delaware

Delaware has permitted medical marijuana since 2011. Four years later, it opted to decriminalize possession of small amounts of marijuana.

Florida

After a number of bills that allowed limited access and/or low-THC marijuana to patients, the state passed a broad medical-marijuana act in 2016.

Georgia

The state permits medical marijuana, but only in the form of high-CBD extracts with minimal THC.

Hawaii

Back in 2000, Hawaii became the first state to legalize medical marijuana through legislation (Act 228). Possession of a minimal amount of marijuana (under 3 grams) is decriminalized, incurring a fine of $130.

Idaho

The Gem State is one of the few that prohibit nearly all forms of marijuana. The only exceptions are CBD products that contain 0% THC, which is even lower than the federal standard of .3%. In addition, it must be derived either from mature plant stalks or sterilized seeds.

Illinois

After passing a medical-marijuana bill in 2013, Illinois became the first state to fully legalize marijuana through legislation in 2019.

Indiana

With no provision for either adult-use or medical marijuana, the only form of the plant permitted in Indiana is in the form of high-CBD products containing .3% or less THC.

Iowa

Like Indiana, Iowa has no official provision for legal marijuana. But registered patients and caregivers are permitted to purchase a limited number of mostly high-CBD products from state-licensed dispensaries. In 2020, an amendment allowed higher-THC products under certain conditions, pending a doctor’s approval.

Kansas

Like Idaho, Kansas only permits high-CBD products containing 0% THC.

Kentucky

The state currently prohibits both adult-use or medical marijuana. Only high-CBD products containing .3% or less THC are permitted.

Louisiana

Medical marijuana is legal in Louisiana. Although the legislature approved an incomplete medical-marijuana bill as far back as 1991, the state didn’t institute a working medical marijuana program until 2016.

Maine

Both adult-use and medical marijuana are legal here. After passing a limited medical bill in 1999, the program was expanded a decade later, adding limited decriminalization as well.

Maryland

Maryland has permitted medical cannabis for registered patients and caregivers since 2014.

Massachusetts

After passing a medical-marijuana bill in 2012, the Pilgrim State added adult-use provisions in 2016.

Michigan

Michigan’s medical-marijuana law passed in 2008; a decade later, adult-use marijuana made it onto the books as well.

Minnesota

medical marijuana minnesota

Though it’s had a medical marijuana law since 2014, Minnesota does not allow the sale of certain forms of cannabis, including flower.

Mississippi

Though voters approved a medical marijuana bill in 2020, numerous legal snags currently threaten implementation. At the moment, only epilepsy patients can access high-CBD products containing .5% THC or less.

Missouri

After passing a limited CBD-only bill in 2014, voters returned four years later to deliver a broader medical marijuana bill.

Montana

As of Jan. 1, 2021, adult-use marijuana is legal in Montana. Prior to that, lawmakers had tussled over various limited medical bills before voters approved a broad medical marijuana bill in 2016.

Nebraska

Marijuana is illegal for all uses in this relative outlier of a state.

Nevada

Having approved medical marijuana in 2000, Nevadans went on to approve adult-use in 2016 as well.

New Hampshire

The state approved medical marijuana in 2013, although its list of qualifying conditions is considered restrictive.  

New Jersey

While the state is still celebrating the recent approval of adult-use marijuana, New Jersey has maintained a medical program since 2010.

New Mexico

The first state to recognize marijuana’s medical potential back in 1978, New Mexico passed a full medical marijuana bill in 2007. Adult use is not legal but has been decriminalized.

New York

The Empire State passed a medical marijuana law in 2014. Adult use is illegal but has been decriminalized since 2019.

North Carolina

Marijuana remains illegal in North Carolina. Only high-CBD products with less than .9% THC are permitted here.

North Dakota

Since 2016, medical marijuana has been permitted in North Dakota.

Ohio

Since 2016, medical marijuana has been permitted in Ohio.

Oklahoma

In 2018, Oklahoma became the 30th state to legalize medical marijuana.

Oregon

A pioneer in medical marijuana, Oregon has permitted its use since 1998. Adult-use marijuana crossed the finish line here in 2014.

Pennsylvania

Since 2016, medical marijuana has been permitted in Pennsylvania.

Rhode Island

The nation’s smallest state has permitted medical marijuana since 2006.

South Carolina

Only prescribed high-CBD products are permitted here, via a restrictive 2014 medical marijuana law. Access to these products is still relatively limited.

South Dakota

As of Jan. 1, 2021, South Dakota is the first state to have approved both medical and adult-use marijuana in the same year.

Tennessee

Tennessee only allows the use of high-CBD products containing less than .9% THC for the treatment of intractable seizures.

Texas

The state currently runs a restricted medical marijuana program. THC content is limited to .5% or below, and smoking combusted marijuana is prohibited.

Utah

In 2018, Utah passed a medical marijuana law; since then, it’s tweaked the bill to loosen certain restrictions while tightening others.  

Vermont

Adult-use marijuana has been approved and should be available in 2022; medical marijuana has been permitted in Vermont since 2004.

Virginia

Since passing one of the country’s first medical marijuana laws in 1979, access to medical marijuana has steadily been increased. That said, it’s still somewhat restrictive in terms of availability and dosage.  

Washington

After passage of a medical marijuana bill in 1998, voters approved an adult-use counterpart in 2012.

West Virginia

Though a medical marijuana bill was signed into law in 2017, numerous delays and uncertainties have dogged the rollout of the state’s program ever since.

Wisconsin

Only the medical use of high-CBD oils is permitted in Wisconsin. That said, in early 2021, Governor Tony Evers announced he was pushing for full legalization this year.

Wyoming

The state currently prohibits both adult-use or medical marijuana. Only hemp-derived high-CBD products containing .3% or less THC are currently permitted.

Washington, D.C.

The District permitted medical cannabis in 2010, although sales did not begin until 2013 due to legal entanglements with Congress. Adult-use was voted in the following year.