The Next States to Legalize Recreational Marijuana

As of July 1, Connecticut became the 19th state to legalize adult recreational use of marijuana. Adults 21 years and older can possess up to 1.5 ounces (42.5 grams) of cannabis. This latest law follows the state’s legalization of medical marijuana use in 2012. The state is currently working on an application process for people wanting to enter the marijuana sales business, which reportedly will take a year.

Delaware has permitted medical marijuana use since 2011. In 2014, the state classified possession of less than 6.2 ounces (175 grams) of marijuana as a misdemeanor and possession of less than 1 ounce (28 grams) a civil infraction.

Two Delaware House of Representatives committees approved a bill to legalize, tax, and regulate cannabis for adults, but was two votes short of passage in March 2022 in the House. The sponsor of the failed bill split the bill in two parts which would make it legal to have up to an ounce of weed for personal and recreational use.

In 2000, Hawaii was the first state to legalize medical marijuana through state legislature, rather than ballot measures. However, the Aloha State has yet to approve recreational use of marijuana. Two bills — one to expand the decriminalization of marijuana possession and another legalizing recreational cannabis — have failed in the state Legislature at this time.

The state in 2019 lowered the penalties for small amounts of marijuana. Residents found to have 3 grams or less of cannabis face a $150 fine rather than the previous penalty of 30 days in jail and a $1,000 fine.

Maryland permits medical use of cannabis with patients and caregivers registered with the Maryland Medical Cannabis Commission. Recreational use remains illegal. Residents possessing less than 10 grams of marijuana for personal use will be fined $100. Penalties increase on subsequent offenses, with a fourth offense resulting in one year in prison and a $1,000 fine.

Minnesota Gov. Tim Waltz signed in May a bill to legalize medical cannabis use for patients 21 years or older. The State House of Representatives passed a bill in May to legalize recreational marijuana, but the measure stalled in the State Senate.

Although voters approved a proposal to legalize medical marijuana, the state’s Supreme Court voided the measure on a technicality, so medical cannabis remains illegal in Mississippi. Yet possession of small amounts of marijuana has been decriminalized. Possession of up to 30 grams (1 ounce) of cannabis or synthetic cannabinoids carries a fine of between $100 to $250 for a first offense.

Medical marijuana has been legal in Missouri since 2018, with 65.5% of Missourians approving an amendment to allow cannabis for medical use. Advocates are reportedly trying to get a ballot initiative for recreational cannabis up for a vote in 2022. In 2014, the Show Me State legislature passed a bill to decriminalize the possession of 10 grams or less of marijuana. The offense is classified as a criminal misdemeanor and punishable only by a fine.

Montana was one of the first states to legalize medical marijuana in 2004. In 2011, there was a legislative push to overturn the law, but Gov. Brian Schweitzer vetoed the measure. After a new initiative was approved by voters on Nov. 3, 2020, as of Jan. 1, 2021, Montana residents age 21 and older can possess, use, and grow up to 1 ounce of marijuana. However, possession of more than 1 ounce (28 grams) of cannabis or 8 grams of concentrate is considered a felony that carries a penalty of up to five years in jail and a fine of up to $5,000.

Since 2013, medical marijuana has been legal in New Hampshire. Recreational use remains illegal, but cannabis possession has been decriminalized. Possession of 21 grams of cannabis or cannabis infused products with no more than 300 milligrams of THC (tetrahydrocannabinol, the active ingredient in cannabis that causes the “high”), or up to 5 grams of hash, carries a fine of $100 for the first and second offense. For a third offense, the fine increases to $300.

In 1978, New Mexico passed the Controlled Substances Therapeutic Research Act, allowing the first medical use of cannabis, but only through a research program. In April, the state expanded cannabis legislation to adult recreational use.

Adults 21 and older can purchase, possess, consume, and give away to other adults up to 2 ounces (56 grams) of cannabis flower, 16 grams of concentrate, and 800 milligrams of edibles. Residents can also cultivate 12 mature plants per household. The state is currently ramping up licensing procedures and rules for marijuana businesses.

North Dakota allows medical marijuana for qualifying conditions and has decriminalized small amounts of cannabis. Possession of less than 0.5 ounces results in no jail time and a fine of up to $1,000 for a first offense. Ingesting marijuana is considered a Class B misdemeanor with a fine of up to $1,500 and incarceration of up to 30 days.

A bill passed in 2021 in the state House of Representatives would have permitted adults 21 and older to possess and purchase up to 1 ounce of cannabis for personal use, but home cultivation would be prohibited. The bill failed in the State Senate. Proponents are now attempting to get an amendment to legalize recreational marijuana use on the ballot in 2022, although a similar push was rejected by voters in 2018.

Medical marijana was legalized in Ohio in 2016. Yet a proposal to legalize recreational cannabis use is currently winding its way through the legislative process in the state. In August, the state’s attorney general approved the language in a petition to legalize marijuana use and sales in Ohio. It would make it legal for adults age 21 or older to buy and possess 2.5 ounces of marijuana or grow up to six plants in their homes.

The petition will be reviewed by the Ohio Ballot Board. If approved by the board, the measure must get 133,000 valid signatures before it’s submitted to the Legislature to act on the proposed law. The proposal could also be placed on a ballot initiative if the Legislature doesn’t act.

Rhode Island approved cannabis for medical purposes in 2006. The State Speaker of the House Joe Shekarchi (D) has told Public’s Radio legislators are coming with “workable” solutions to possibly legalize cannabis that could be debated during a special session. Recently, lawmakers from both the Senate and the House unveiled a bill that would legalize marijuana and create licensed businesses that would produce and sell cannabis to adults 21 and older. They can possess no more than an ounce.

In 2020 voters approved a legislation legalizing cannabis, but the reform was struck down by the state Supreme Court after Gov. Kristi Noem challenged the recreational use amendment. Most recently, the South Dakota House rejected a bill to legalize marijuana. The House also rejected legislation to gut existing protections for patients using medical marijuana.

Although Virginians 21 and older can legally possess up to 1 ounce of cannabis, the state currently has no retail outlets for purchase. As of now, residents would need a prescription for medical use and obtain cannabis from a medical dispensary. Advocates want to speed up the launch of retail sales before the scheduled 2024 start date.