Cannabis in America

The State of Weed: Marijuana Legalization State by State

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**Last Updated February 3, 2017 **

In recent decades, marijuana legalization has continuously evolved in the United States, as opposition against the drug continues to wane amidst new research on the drug's effects and criticism of the U.S.'s handling of the "War on Drugs." Four states and the District of Columbia have legalized marijuana for recreational use, and 25 total states have legalized marijuana for medical use.

In November, a total of nine states voted on marijuana legalization. California, Maine, Massachusetts, and Nevada all voted to legalize recreational marijuana. Arizona voters shot down their legal pot ballot measure. In addition, Florida, Arkansas, and North Dakota voted to legalize marijuana for medical purposes, while Montana voters chose to expand the parameters of their existing medical marijuana program.

The map below displays each state's current marijuana legalization status, from illegal to full legalized recreational use, as of February 3, 2017.

The State of Weed Map

According to Gallup polls, one in eight U.S. adults say they smoke marijuana and 58 percent of Americans believe marijuana should be legal in the U.S. As cannabis initiatives continue to find traction and make their way onto ballots, understanding the intricacies of each state's marijuana laws will become increasingly important.

Patients who use medical marijuana will need to know things like whether or not they can travel with the drug and use it in other states, and in cities where the drug is decriminalized mere fractions of an ounce could make the difference between low fines or substantial jail time. The following slide show contains information on each states' marijuana laws in regards to possessing, selling, and cultivating weed, although please note that this is intended as a basic resource and does not include the entirety of provisions in any given state. This is the "State of Weed."

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Nevada

Image Courtesy of [Kimble Young via Flickr]

Image Courtesy of [Kimble Young via Flickr]

On November 8, 2016, Nevada passed Question 2, legalizing recreational marijuana. The law went into effect on January 1, 2017, but retailers won’t be operational until January 1, 2018. This slide will be updated to reflect those changes as more information becomes available.

Marijuana Legalization Status: Recreational

Possession: It is legal to possess up to one ounce of marijuana and/or up to 3.5 grams of cannabis concentrates, although it is illegal to consume marijuana in public. Since marijuana is decriminalized in Nevada, possessing more than one ounce is only a misdemeanor, resulting in a max fine of $600. 

Sale: Individuals may legally gift up to one ounce of marijuana and up to 3.5 grams of concentrated marijuana to another adult 21 years and older for free. All convictions of selling marijuana are considered felonies in Nevada. Mandatory minimum sentences can range from one to five years, with max sentences ranging from one year to life, depending on the amount sold and the number of prior convictions. Selling to a minor incurs steeper penalties.

Cultivation: Under the law, adults may also grow up to six marijuana plants in their home, and they may possess all of the harvest from those plants, if they reside 25 miles or more away from a marijuana retailer. Retail facilities are not scheduled to be operational until January 1, 2018, and sales will be subject to a 15 percent excise tax.

Qualifying Medical Conditions Include: cachexia (wasting syndrome), cancer, glaucoma, HIV/AIDS, seizures, severe muscle spasms, severe nausea, severe pain, and any other medical condition or treatment for a medical condition that is classified as a chronic or debilitating medical condition.

Research and analysis conducted by Law Street’s Cannabis in America Team: Alexis Evans, Alec Siegel, Anneliese Mahoney, and Kevin Rizzo.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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