State by State Cannabis Laws

One of the newest states to join in legalizing marijuana is Arizona with Proposition 207 passing in 2020. The proposition passed with just over 60% in favor and this overwhelming majority vote helped convince the legislature to decriminalize recreational cannabis use, which is surprising for a state which previously considered all marijuana charges felonies.

The recreational cannabis industry in the Copper State hasn’t grown to the size of other weed legal states, but it is quickly expanding with almost 130 dispensaries already. Medical marijuana has been legal in Arizona since 2010 under Proposition 203.

Where can I consume cannabis in Arizona?

Public use of recreational cannabis is illegal in Arizona, meaning you cannot smoke it while out on the street, in bars, at parks, or any other public areas, but you are able to use it while in your own home or on private property. However, medical marijuana card holders are allowed to consume edibles in public as long as they are not driving or engaged in other activities which could be considered negligent.

How much weed can I have on me in Arizona?

Adults 21 and over are allowed to carry up to 1 oz. of dried flower and 5 grams of concentrate. This limit applies regardless of whether it is held in public or in private, but again, medical marijuana users are the exception and permitted to carry up to 2.5 oz. of flower.

Arizona law lacks clear restrictions on edible cannabis, so you should check with local dispensaries when purchasing it.

Can I grow my own weed in Arizona?

Residents are able to grow up to six cannabis plants at a time and medical marijuana users are permitted to grow a maximum of 12 plants if there are no dispensaries within 25 miles of their home. However, the cultivation is restricted to indoor, enclosed areas that are locked and not in public view.

Is cannabis in Arizona taxed?

Yes! There is a flat 16% excise tax on cannabis products across the state, which is included in the retail cost. A transaction privilege tax (TPT) is also added on for recreational cannabis purchases and a 6.6% tax is placed on medical purchases.

The state has seen a massive increase in tax revenue from this, earning $115M over the period of January - August 2021.

How much can I purchase in one transaction in Arizona?

The purchasing limits in Arizona are unique as they mirroring the possession limits. This means you can buy up to 1 oz. dried flower (or 2.5 oz. per two weeks for medical marijuana cardholders). Edibles are where the laws differ, as the max you can purchase is 100mg in a package, as long as the dose amount is 10mg or less.

Out-of-state visitors are unable to purchase weed from dispensaries in the state, but they are able to carry according to the Arizona state possession laws.

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California is synonymous with cannabis, yet it was only legalized recreationally in 2016. However, California was the first state to legalize medical marijuana in 1996, paving the way for many other states to follow in their footsteps. As of November 2021, reports say that 80-90% of the weed market remains underground within the Golden State. Although this may be true, legal recreational cannabis is still a hallmark within California culture and continues to thrive year in and year out.

As of January 2022, there are 866 licensed dispensaries within California State, along with a whopping 374 marijuana delivery services. The number of dispensaries could be much higher, but many local jurisdictions have not opted in to allow legalized sales within their borders. Recently there has been controversy over the competition of growers within California, with smaller farms being pushed out by mega-farms.

How does California tax its cannabis?

Starting on January 1st, 2022, cannabis is being taxed with a 15% excise rate and an 8% state sales tax as a consumer. Yet, the largest taxes arise for those that cultivate marijuana. Weed producers pay by the pound to cultivate marijuana. These taxes result in around $9.65/oz. of flowers, $2.87/oz. leaves cultivation tax, and a $1.35/oz fresh cannabis plant tax.

In the fiscal budget for 2021-22, about $400 million of the state revenue made through the cannabis tax will be allocated to education funds for low-income and at-risk youth within California State.

How much weed can I buy in one transaction in California?

California, like many other states, allows one individual to possess 1oz. of marijuana at any given time. One thing that differentiates California from other states is that you can only carry about 8 grams of concentrated cannabis at a time. However, medical cardholders may purchase up to 8oz. a day from medical marijuana dispensaries.

Where can I consume cannabis in California?

Although it is legal to purchase cannabis legally through licensed dispensaries, knowing where you can legally consume it is something a little more confusing. Most public property and private property are all off-limits within California. This includes parks, any enclosed space, streets, and many other spaces.

Yet, there are a few exceptions. Some businesses may allow smoking in outdoor settings such as patios or outdoor eating areas. Along with this, there are several smoking lounges, normally connected to dispensaries, that welcome their patrons to consume cannabis. These smoking lounges are regulated by county lines, as many jurisdictions have outlawed them. Yet, you can still find these lounges in bigger cities such as Los Angeles.

How can I transport my marijuana when driving?

California has strict laws for transporting marijuana while driving. In terms of edibles, they must be completely sealed in their original packaging or inside a child-proof container. The same can be said for flower, prerolls, or concentrates. It is important not to travel with cannabis within arms reach of the driver’s seat, as it can land you in hot water.

Many suggest transporting your marijuana by keeping it in safe packaging in the trunk of your car. This way if you are pulled over there will be no suspicion that you were partaking while driving.

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The Centennial State shares its recreational legalization date with Washington State. Marijuana was officially legalized for recreational consumption in December 2012, after Colorado Amendment 64 was voted upon in November of that same year. They would historically open Colorado’s first dispensaries on January 1st, 2014. These dispensaries were the first in the world to allow the sale of State-licensed marijuana for recreational use. All of this came after the legalization of medical marijuana in 2000.

Colorado currently hosts 441 medical licenses, 476 retail licenses, and 440 'unique' licenses as of January 2021. Retail marijuana sales within Colorado State have increased year after year, reaching $514.4 million in 2020. As that state’s cannabis industry continues to grow, it is all the more important to familiarize ourselves with its laws.

How does Colorado tax their cannabis industry?

Colorado State’s retail marijuana tax is broken up into two different areas: 15 percent from the state's retail marijuana sales tax, and 15 percent retail marijuana excise tax. Retail marijuana is notably exempt from a 2.9% state sales tax, which medical marijuana is not. Colorado State has collected a whopping $2 billion in taxes from $12 billion sold since dispensaries opened in 2014.

How much marijuana can I buy in one transaction in Colorado?

Colorado limits individuals to 1oz of flower, 8g of concentrate, or 800 mg of edibles. Under the law, you are permitted to purchase more after your original max purchase in a day, but you cannot possess more than these quantities at any one time.

Are there restrictions on what times dispensaries can be open in Colorado?

Colorado law states that dispensaries are not permitted to open before 8:00am on a single day, and must close at midnight. However, different jurisdictions enforce different rules about working hours. As an example, Denver law declares that all dispensaries must close at 10:00pm.

Can I travel out of state with legally purchased marijuana?

You cannot travel out of state with legally purchased weed from Colorado. Traveling to a state like Hawai’i where recreational cannabis is illegal. However, many do not know that you can not travel from a legal state to another legal state with cannabis. Even though you purchased your weed legally in Colorado, you cannot transport it to California or any other legal state.

Can I grow my own marijuana in Colorado?

Colorado state law allows a total of six marijuana plants per Coloradoan over 21 years old. Yet, you can only legally possess three flowering plants at one time. Although this is state law, different counties are open to enforcing their own stricter laws about personal marijuana production.

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As the 12th state to legalize the sale of recreational cannabis, Montana opened dispensary doors and began selling recreational cannabis on January 1st, 2022. However, not everyone in the state agreed with the decision to approve Initiative 190 - and as a result, the state is split into red counties that don’t allow the sale of recreational marijuana, and green counties that do.

Big Sky Country is home to 451 licensed cannabis dispensaries! These dispensaries all started as medical marijuana dispensaries, as new recreational dispensaries that do not offer medical marijuana will not be able to open their doors until 2023.

Who can buy cannabis in Montana?

Anyone over the age of 21 with a legal ID can purchase cannabis products in Montana. This includes people from other states and countries, as long as you have your ID with you!

Where can I buy weed in Montana?

Not every county voted in favor of Montana’s Initiative 190. Only counties that voted in favor of of recreational cannabis legalization are authorized to have dispensaries that allow for the sale of legal marijuana. These green-friendly counties have been appropriately dubbed “green counties,” while the “red counties” still have it banned. Looking at the map, you can see that there are more “green counties” in the western side of the state than the eastern side.

When can I buy marijuana in Montana?

Even in “green counties,” dispensaries cannot operate outside of the time between 9am and 8pm. So if you try to buy weed after 8pm or before 9am, you’ll be SOL!

Is cannabis in Montana taxed?

Yes. There is a 20% retail sales tax on every cannabis product, and certain localities may opt to impose an additional tax of up to 3%.

What type of cannabis can I buy in Montana?

The gang’s all here - in Montana you can buy flower, pre-rolls, edibles, tinctures, vape cartridges, topicals, and concentrates.

Flower products cannot contain over 35% THC content. This doesn’t apply to medical marijuana products

. Edibles are not to contain more than 100mg of THC per package with no more than 10mg of THC per serving, but this also does not apply to medical marijuana products.

How much weed can I buy in Montana?

You may purchase up to one ounce of cannabis per transaction, 800mg of edibles, or 8g of concentrate.

Where can I consume cannabis in Montana?

Although weed is legal to consume, it is still illegal to consume in public. Public consumption of cannabis is punishable by a civil fine up to $50.

Consuming cannabis on federal lands within Montana (like national parks such as Glacier and Yellowstone) can result in a misdemeanor.

You may not take Montana cannabis across state lines into another state, even if it’s another legal state. Similarly, you may not bring cannabis from out of state into Montana.

Can I grow cannabis in Montana?

Montana residents are permitted to grow and possess up to two mature cannabis plants and two seedlings in their homes. But there is a catch - the plants cannot be publicly visible. Failure to conceal cannabis plants may result in a civil fine up to $250, as well as forfeiture of the plants.

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The Garden State is the newest green state! New Jersey began legal recreational cannabis sales on April 21st, 2022. Legalization was approved by voters in 2020 with 67% of the vote and later bills outlined decriminalization and expungement of criminal records for marijuana offenses.

13 medical dispensaries were scheduled to open for recreational sale on the day, but one failed to meet requirements, leaving only 12 operating locations in the state at the moment. Because of the few number of dispensaries open, the first few opening weeks have been full of lines and chaos as the industry tries to keep up with the huge demand, resulting in a reservation/appointment system at many locations.

Where can I consume cannabis in New Jersey?

The only legal place to use recreational marijuana in New Jersey is on private property. While this generally means you can smoke within your home, the owner of the property can restrict marijuana use, so check with your landlord first if you are renting or in a shared living space.

New Jersey law also specifically prohibits using medical marijuana while in a “moving vehicle”, which means you hypothetically can smoke in a parked car. However, driving under the influence is still illegal and will earn you a DUI charge.

How much marijuana can I buy in one purchase in New Jersey?

Adults 21 and over with valid ID are able to purchase 1 oz. of dried flower, 5 grams of concentrates, or 1000mg of infused edibles in a single transaction. Take note; the law says or not and, so purchases (and possession as stated later) may be limited to one form of cannabis at a time.

Medical marijuana patients are allowed to purchase and carry up to the prescribed dosage limit set by their physicians, with the maximum allowance being 3 oz.

How much weed can I have on me in New Jersey?

The most a person can carry on them in the state of New Jersey is 1 oz. of cannabis or its equivalent in solid, liquid, or concentrate forms. The exact equivalent amounts aren’t clearly laid out in law, but it is generally assumed to be equal to purchasing limits for other forms of cannabis.

Can I grow my own weed in New Jersey?

Nope. While many other states have legalized growing cannabis for individuals, New Jersey is still defining it as criminal activity.

The same goes for individuals selling or distributing their weed. While you will only receive a warning for your first offense, you can be heavily fined or even find yourself doing jail time for subsequent offenses.

Does New Jersey have a cannabis tax?

Across the state, New Jersey has a 6.625% sales tax on all recreational cannabis products and also grants municipalities the right to add an extra 2% tax if they wish. However, the tax on medical marijuana sales is set to be 0% after July 1st, 2022.

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New Mexico has gradually approached legalization over the years with medical marijuana legalized in 2007 and decriminalization in 2019. The state finally legalized recreational cannabis with House Bill 2 on April 12th, 2021 and the first dispensaries opened on April 1st, 2022.

Cannabis producers have flocked to New Jersey, with over 1,500 producer license applications, most being small microbusinesses, submitted following legalization. There are over 100 medical dispensaries now licensed to serve recreational weed in New Mexico.

Where can I consume cannabis in New Mexico?

People are able to smoke on private property as well as within smoking-permitted areas. These areas are limited currently and you’re unlikely to find many, even in outdoor areas such as parks or playgrounds. Cannabis is illegal under federal law, so consuming cannabis in state parks, government buildings, etc., is still prohibited.

How much weed can I have on me in New Mexico?

Adults above the legal age can carry up to 2 oz. of dried flower, 16 grams of extract, and 800mg of edibles while out in public. However, there is no limit on cannabis possession within your own home as long as it is not publicly visible.

Medical marijuana cardholders are entitled to carry 8 oz. of medical cannabis over a ninety day period and are also allowed to have cannabis paraphernalia (such as pipes, bowls, etc.) even though recreational users are not.

Can I grow my own weed in New Mexico?

New Mexico has some of the most permissive cannabis cultivation laws in the country, allowing 6 mature plants and 6 immature plants per household. Homes with multiple cultivators are allowed a max of 12 mature plants at a time.

Medical marijuana patients are able to grow up to 16 plants, 4 mature and 12 immature, at home after they obtain a Personal Production License from the state.

Is cannabis taxed in New Mexico?

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Yes, there is currently a 12% excise tax on recreational cannabis which is reflected in the sale prices at dispensaries. This tax is only going to increase in later years, with a planned goal of 18% by 2030. There is also a 5.3% sales tax on all recreational purchases.

Medical marijuana sales are no longer taxed in New Mexico following the legalization of recreational cannabis.

How much marijauana can I purchase in one transaction in New Mexico?

The purchasing limits are the same as possession limits for recreational cannabis, meaning you can buy up to 2 oz. of flower, 16 grams of cannabis extract, and 800mg of infused edibles in one purchase.

New Mexico allows for cannabis delivery directly to your door, but the purchasing limits still apply.

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Oregon was one of the earliest states to legalize the use of recreational cannabis with Measure 91 in 2014. Legislators initially refused to put the measure on the ballot, but it passed with 56.11% of the vote as a direct initiative put before Oregon voters.

Across the state, Oregon has over 800 producers and over 500 dispensaries, with 197 of those located in Portland alone. While it was not the first, or even the second, state to legalize recreational cannabis, Oregon was the first state to decriminalize it in 1973.

Where can I consume cannabis in Oregon?

While anyone over 21 can use recreational cannabis in the privacy of their own homes, it is still illegal to use any in public areas, such as parks, bars, schools, highways, etc. Also, because weed is still illegal under federal law, smoking it on government property, such as national parks, can earn you a misdemeanor.

Landlords are allowed to restrict cannabis use and growth in their residences as well, so be sure to check with yours if you’re renting.

How much weed can I have on me in Oregon?

Though no longer a felony, you can still be charged with a misdemeanor if found in possession of 2 oz. or more of usable cannabis in public. The legal amount jumps to 8 oz. while in your own home or on private property. You can be fined up to $2,500 if found carrying more than the legal limit both in public and in private.

Can I grow my own weed in Oregon?

The short answer is yes! You are allowed to grow both indoors and outdoors, which allows growers to take full advantage of the Oregon State climate and growing cycle. Individuals are only permitted to grow four plants at a time and no one is allowed to grow within 1,000 ft. of a school.

Does Oregon have a cannabis tax?

The tax on cannabis products in the state of Oregon is 17%, which isn’t as high as some others, but is above the average. This tax is included in the retail price at dispensaries.

How much marijuana can I buy in one purchase in the state of Oregon?

If you possess a valid ID and are over the legal age, you can buy up to 2 oz. of dried flower, 5 grams of extracts or concentrates, 16 oz. of solid edibles, 72 oz. of liquid edibles, 10 seeds, and 4 immature plants per transaction.

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The Evergreen State was one of the first two states to legalize recreational cannabis, voting in 2012 to start selling cannabis in legal dispensaries in 2014 - the same year as Colorado. Passing with 55.7% of the vote, Initiative 502 (I-502) allows the possession, use, cultivation, and sale of recreational cannabis to all adults over the age of 21, although medicinal marijuana has been legal in the Evergreen State since 1998.

With over 1,070 licensed cannabis producers and over 660 dispensaries statewide, the Washington cannabis market is one of the most competitive markets in the country - this has led to the cheapest weed in the country, despite it also being some of the highest quality.

Where can I consume cannabis in Washington?

The law states that, in Washington, it is illegal to open a package containing marijuana or any other cannabis product in public, and it may not be consumed in public. This means that parks, sidewalks, businesses, and residential areas are all technically off-limits. Public consumption may result in a $100 fine.

Additionally, smoking weed in state and national parks can lead to a misdemeanor because those are federal lands, and the federal prohibition on cannabis still stands there.

Can I grow my own weed in Washington?

Recreational cannabis users are not permitted to grow their own weed. Medicinal marijuana cardholders are allowed to grow up to six plants - unless the patient’s healthcare provider determines the patient requires more. In that case, they are able to grow up to 15 plants.

No more than 15 plants may be grown and located in any one housing unit, even if multiple qualifying patients live there.

Do I have to live in Washington to buy Washington weed?

You do not have to live in Washington to purchase cannabis from a dispensary in Washington. As long as you have a valid photo ID and you are over the age of 21, you’re good to go!

Keep in mind that weed in Washington is only legal in Washington, and cannot be taken over state lines - even if you’re taking it to another legal state. Similarly, you may not bring cannabis from out of state into Washington.

Does Washington have a cannabis tax?

Washington State boasts the highest cannabis tax in the country at a whopping 37%. This price is included in the price you see on the shelf. This tax accounts for 5% of the state’s entire tax revenue, and has raised over $3B as of January 2022.

How much marijuana can I buy in one transaction in Washington state?

Buyers are limited to purchasing up to 1oz of flower, 7g of concentrate, 16oz of edibles, and 72oz of infused liquid per transaction.

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