The United States’ slow transformation into a 420 paradise continues apace: During the 2022 midterm elections, two more states—Maryland and Missouri—legalized the recreational use of cannabis, setting the stage for retail sales in those areas at some point in the future. Alongside the moves to legalize in Rhode Island earlier this year, that brings the number of states where recreational use is permitted to 21; cannabis (as opposed to THC-free CBD) is still wholly illegal in 14 states, while the remainder allow for legal medical use, with varying restrictions.
Even as Americans grow more divided politically, cannabis continues to gain ground with every election cycle—and even in-between—as public support grows, with nearly 7 or 10 Americans favoring legalizing the possession of small amounts of the drug for personal use, according to the results of a Monmouth University poll published in the Washington Post. Nevertheless, legalization votes in three deep red states—Arkansas, North Dakota, and South Dakota—failed this week, suggesting one party remains way more chill than the other.
And despite Joe Biden’s vague gestures at federal legalization, including asking the Department of Justice to “review” the drug’s Schedule I certification under the Controlled Substances Act, weed remains illegal at the federal level, and in the same category as heroin and other drugs considered to have “no medical use” and a high potential for abuse and dependence.
Here’s a rundown of where weed is legal for recreational and medical use (and where it isn’t).
States that legalized weed in 2022
In addition to Maryland and Missouri, which legalized recreational cannabis via ballot measures, Rhode Island changed its laws via legislation earlier this year.
- Maryland: During the midterms, more than 65% of Maryland voters approved the legalization of recreational cannabis. Details of the program will still need to be worked out by lawmakers.
- Missouri: Some 53% of Missouri residents approved a constitutional amendment legalizing cannabis during the November 2022 midterms. The legalization framework will also erase prior cannabis convictions for nonviolent offenders.
- Rhode Island: Gov. Dan McKee signed a bill legalizing cannabis in May 2022. The law, which also expunged some prior cannabis convictions, went into effect immediately.
States that have legalized recreational marijuana
In 21 states, including 2022's new additions, weed is treated like alcohol—it’s legal for adults (21 and over) to purchase and is regulated and taxed by the government. The specifics of what you can purchase and possess (and where) vary a bit by state. These states also have medical marijuana.
- Alaska
- Arizona
- California
- Colorado
- Connecticut
- Illinois
- Maine
- Maryland
- Massachusetts
- Michigan
- Missouri
- Montana
- Nevada
- New Jersey
- New Mexico
- New York
- Oregon
- Rhode Island
- Vermont
- Virginia
- Washington
Recreational weed is also legal in Guam and the Northern Mariana Islands.
States that have legal weed but no sales
In the District of Columbia, it’s legal to possess and grow limited amounts of weed, but there are no commercial sales outside of medical marijuana from a limited number of licensed dispensaries.
States that have medical cannabis laws
A number of states have legalized medical marijuana but do not allow broader recreational use.
- Alabama
- Arkansas
- Delaware*
- Florida
- Hawaii*
- Louisiana
- Minnesota*
- New Hampshire*
- New Mexico*
- North Dakota*
- Ohio*
- Oklahoma
- Pennsylvania
- Puerto Rico
- South Dakota
- Utah
- Virginia*
- West Virginia
*According to the Marijuana Policy Project, these states have also decriminalized marijuana, reducing or removing jail time for possession of limited amounts of weed.
States that have decriminalized weed
Nebraska and North Carolina have laws that decriminalize marijuana to a degree, meaning penalties for first-time possession of small amounts of weed are reduced. Both have a suspended sentence for a first offense—Nebraska imposes a fine and a possible drug education course. Medical marijuana legislation has failed in both states.
States that have, well, (almost) nothing
The remaining states do not permit broad medical or recreational marijuana—nor is weed decriminalized—though all except for Idaho allow access to low-THC products containing CBD for medical use.
- Georgia
- Idaho
- Indiana
- Iowa
- Kansas
- Kentucky
- South Carolina
- Tennessee
- Texas
- Wisconsin
- Wyoming
An earlier version of this story included a graphic with errors. Washington and Vermont were incorrectly listed as states with legal medical marijuana rather than legal recreational use. Virginia was incorrectly categorized as having no medical marijuana program, but its first dispensaries opened in 2020. This article was update March 31, 2021 to reflect New York’s passage of legal cannabis, and again on April 9, 2021 to add information about Virginia’s legalization of cannabis and the efforts to subvert the will of the voters in South Dakota. It was updated again on July 27, 2022 to reflect changing laws in Connecticut, New Mexico, Alabama, and Mississippi. Another update followed in November 2022 to indicate legalization passing in Rhode Island, Maryland, and Missouri.