Marijuana Possession Laws by State (2026)
Whether adult marijuana possession is legal, decriminalized or a crime in each state, and the possession limits.
| State | Marijuana possession |
|---|---|
| Alabama | Alabama has a medical cannabis program run by the Alabama Medical Cannabis Commission; the first medical cannabis dispensary opened on June 4, 2026. Patients must be Alabama residents, at least 19 (or have a parent or guardian as registered caregiver), have a qualifying condition, receive a recommendation from a certified Alabama physician and be on the patient registry. Allowed forms include tablets, capsules, tinctures, lozenges, gelatinous cubes, topical gels/oils/creams, suppositories, transdermal patches, nebulizers and inhaler liquids; raw plant material, products that could be smoked or vaped, and food products such as cookies or candies are prohibited. The Sentencing Commission lists Possession of Marihuana 1st (§ 13A-12-213) as a felony offense. Alabama Medical Cannabis Commission, Patients and Caregivers page; Ala. Code 1975 § 13A-12-213 |
| Alaska | Legal for adults. Persons 21 years of age or older may lawfully possess, use, display, purchase, or transport one ounce or less of marijuana; possess, grow, process, or transport not more than six marijuana plants, with three or fewer being mature, flowering plants (not more than 12 plants, with six or fewer mature, flowering, in a single dwelling regardless of how many adults live there); and transfer one ounce or less and up to six immature plants to another adult 21 or older without remuneration. Public consumption is unlawful and is a violation punishable by a fine of up to $100. Violating the home-cultivation rules (plants must not be in public view, must be secured, and grown on property lawfully possessed or with consent) is a violation punishable by a fine of up to $750. AS 17.38.020, 17.38.030, 17.38.040 |
| Arizona | Legal for adults 21 and older: possessing up to one ounce of marijuana, of which not more than five grams is marijuana concentrate; growing up to six plants at the person's primary residence (no more than 12 plants at a residence where two or more adults 21+ live), in a locked enclosed area not visible from public view; and giving up to one ounce (5 grams concentrate) or six plants to another adult 21+ without payment. Possessing more than the allowed amount but not more than 2.5 ounces (not more than 12.5 grams concentrate) is a petty offense. Under 21: a first violation for 1 ounce or less is a civil penalty of up to $100 (plus up to 4 hours of drug education), a second is a petty offense, and a third or subsequent is a class 1 misdemeanor. Smoking marijuana in public is a petty offense. Cultivation visible to the public or not secured from minors is a petty offense (class 3 misdemeanor for a second or later violation). A.R.S. §§ 36-2852, 36-2853 (Smart and Safe Arizona Act) |
| Arkansas | Arkansas has a medical marijuana program; the Arkansas Department of Health issues registry identification cards. Qualified registered patients may purchase up to 2.5 ounces from a dispensary in a 14-day period; each purchase counts against the balance for 14 days. Patients and caregivers cannot grow or cultivate marijuana. Use is prohibited in any public place where a person could reasonably be expected to be observed by others. Patients under 18 cannot purchase from a dispensary; a parent or guardian must register as caregiver. A physician's written certification and a registry identification card are required. Ark. Const. amend. 98; Arkansas Department of Health, Medical Marijuana FAQs |
| California | Legal for adults (Proposition 64, Adult Use of Marijuana Act). People age 21 and older can possess, process, transport, purchase, obtain, or give away to other adults age 21 and older up to 28.5 grams of nonconcentrated cannabis or eight grams of concentrated cannabis, and grow six living plants. People with a physician's recommendation or approval can use and cultivate cannabis for personal medicinal purposes. For people under 21, Proposition 64 does not decriminalize marijuana offenses, but most become infractions with sanctions limited to drug education or counseling and community service (for a first-time possession under 28.5 grams, four hours of drug education and up to 10 hours of community service). Local ordinances may add rules. Cal. Health & Saf. Code §§ 11357, 11362.1, 11362.5; Cal. Attorney General Opinion No. 25-102 (2026); Judicial Council, Proposition 64 page |
| Colorado | Legal for adults. For persons 21 years of age or older, lawful acts include possessing, using, displaying, purchasing, or transporting up to one ounce of marijuana; growing no more than six plants in an enclosed and locked space, with three or fewer being mature, flowering plants; and transferring up to one ounce to another person 21 or older without remuneration; consumption may not be open, public, or endangering others. House Bill 21-1090 legalized possession of two ounces of marijuana or less. Possession of more than two ounces but not more than six ounces (or not more than three ounces of concentrate) is a level 2 drug misdemeanor; more than six ounces (or more than three ounces of concentrate) is a level 1 drug misdemeanor. Openly and publicly displaying, consuming or using two ounces or less is a drug petty offense punishable by a fine of up to one hundred dollars and up to twenty-four hours of community service. No more than twelve plants may be grown on a residential property unless local law allows more. Retail stores may not sell more than one ounce of retail marijuana in a single transaction. Colo. Const. art. XVIII, § 16; C.R.S. § 18-18-406(3), (4), (5); Colorado Legislative Council Staff, Marijuana Handbook (2024) |
| Connecticut | Adult-use cannabis is legal. A person twenty-one or older may possess, use and consume cannabis, up to one and one-half ounces of cannabis plant material on the person and five ounces of cannabis plant material in a locked container at the residence or in a locked glove box or trunk of a motor vehicle (or equivalent amounts of cannabis products). Possessing more than the limit (but below the higher amounts in subsection (e)) is fined one hundred dollars for a first offense and two hundred fifty dollars for a subsequent offense. Larger amounts (subsection (e)) are fined five hundred dollars for a first offense, and a subsequent offense is a Class C misdemeanor. Ages 18 to 20 with less than five ounces: must view and sign a statement on the health effects of cannabis on young people; fined fifty dollars for a first offense, one hundred fifty dollars for a subsequent offense. Under 18 with less than five ounces: written warning for a first offense; may not be arrested for the violation. Conn. Gen. Stat. § 21a-279a |
| Delaware | Adult-use marijuana is legal for persons 21 or older: no civil or criminal penalty for adult sharing, or possessing, using, purchasing or transporting, a personal use quantity or less (in a vehicle, in a closed container or not readily accessible) (16 Del. C. § 4764A(b)). 'Personal use quantity' means 1 ounce or less of leaf marijuana, 12 grams or less of concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9-tetrahydrocannabinol (§ 4701). Possessing more than a personal use quantity is an unclassified misdemeanor (fine not more than $575, imprisonment not more than 3 months, or both). Under 21 with a personal use quantity: civil penalty of $100 for a first violation; not less than $200 nor more than $500 for a second; a third or later violation is an unclassified misdemeanor. Use in an area accessible to the public or in a moving vehicle is an unclassified misdemeanor (fine not more than $200, imprisonment not more than 5 days, or both). 16 Del. C. §§ 4701, 4764, 4764A |
| District of Columbia | Adult possession is legal. A person 21 or older may lawfully possess, use, purchase or transport marijuana weighing 2 ounces or less; transfer to another person 21 or older, without remuneration, marijuana weighing one ounce or less; and grow no more than 6 cannabis plants, with 3 or fewer being mature, flowering plants, in a principal residence (no more than 12 plants, 6 mature, per house or rental unit) (§ 48-904.01(a)(1)). Possession of a controlled substance without authorization is otherwise a misdemeanor punishable by not more than 180 days and a fine under § 22-3571.01 (§ 48-904.01(d)(1)). D.C. Code § 48-904.01 |
| Florida | Adult-use (recreational) marijuana is not legal under the statutes read. Possession of a controlled substance without authorization is a third-degree felony, but 'If the offense is the possession of 20 grams or less of cannabis,' it is a first-degree misdemeanor (§ 893.13(6)). Medical marijuana: qualified patients (Florida residents with a qualifying condition such as cancer, epilepsy, glaucoma, HIV/AIDS, PTSD, ALS, Crohn's disease, Parkinson's disease, multiple sclerosis or chronic nonmalignant pain, certified by a qualified physician) receive a Department of Health registry identification card renewed annually; patients and caregivers may not possess more than a 70-day supply, or the greater of 4 ounces of marijuana in a form for smoking or an amount approved by the department. Fla. Stat. §§ 893.13(6), 381.986 |
| Georgia | Adult non-medical marijuana possession is a crime in Georgia. Possession of 'one ounce or less' is a misdemeanor punishable by up to 12 months in jail, a fine of up to $1,000.00, or both (or public works up to 12 months). Above that, possession is a felony punishable 'by imprisonment for not less than one year nor more than ten years' (larger amounts fall under trafficking, § 16-13-31). A first-time drug possession defendant may be eligible once for conditional discharge (probation without a judgment of guilt). Medical program: the Department of Public Health's Medical Cannabis Patient Registry lets registered patients and caregivers possess up to '12,000 milligrams of tetrahydrocannabinol (THC) or medical cannabis'; qualifying conditions include ALS, Alzheimer's disease, most cancers, multiple sclerosis, Parkinson's disease, intractable pain, sickle cell disease and Tourette's syndrome, and a Georgia physician's certification is required. O.C.G.A. §§ 16-13-2(a), (b); 16-13-30(j); Georgia Department of Public Health, Medical Cannabis Patient Registry |
| Hawaii | Adult-use marijuana is not legalized in the statutes read; small amounts are decriminalized. Knowingly possessing any marijuana in any amount is promoting a detrimental drug in the third degree, a petty misdemeanor, except that 'possession of three grams or less of marijuana is a violation, punishable by a fine of $130' (§ 712-1249). Medical use: permitted for a qualifying patient eighteen or older whose physician, advanced practice registered nurse or hospice provider has documented the qualifying determination and explained the risks and benefits, if the amount does not exceed an 'adequate supply' — 'ten cannabis plants, whether immature or mature, and four ounces of usable cannabis at any given time' (§§ 329-121, 329-122). Haw. Rev. Stat. §§ 712-1249, 329-121, 329-122 |
| Idaho | Marijuana is not legal for adult or medical use in Idaho. Possession of three (3) ounces net weight or less is a misdemeanor punishable by up to one (1) year in jail, a fine up to $1,000, or both, and a person 18 or older is also subject to a fine of not less than $300. Possession of more than three (3) ounces is a felony punishable by up to five (5) years in prison, a fine up to $10,000, or both. Idaho Code § 37-2732(c)(3), (e) |
| Illinois | Adult-use cannabis is legal for people 21 or older. Possession limits (cumulative): Illinois residents 60 grams of cannabis flower, 1,000 mg of THC in infused products and 10 grams of concentrate; non-residents 30 grams of flower, 500 mg of THC in infused products and 5 grams of concentrate. Underage possession and use are illegal, as is giving cannabis to anyone under 21. Only registered qualifying medical cannabis patients may grow up to 5 plants at home. Use is not allowed in any public place. Transporting cannabis in a non-compliant container is a Class A misdemeanor. 410 ILCS 705/10-10 (Cannabis Regulation and Tax Act); Illinois Cannabis Regulation Oversight Officer FAQs |
| Indiana | Marijuana possession is a crime in Indiana. Knowingly or intentionally possessing marijuana, hash oil, hashish or salvia, growing marijuana, or failing to destroy marijuana known to be growing on one's premises is a Class B misdemeanor (up to one hundred eighty (180) days and a fine of up to one thousand dollars ($1,000), § 35-50-3-3) (§ 35-48-4-11(a)). It is a Class A misdemeanor if the person has a prior conviction for a drug offense, or if the product is packaged to look like low THC hemp extract and the person knew or reasonably should have known it was marijuana (§ 35-48-4-11(b)). It is a Level 6 felony if the person has a prior drug-offense conviction and possesses at least thirty (30) grams of marijuana or at least five (5) grams of hash oil, hashish or salvia (§ 35-48-4-11(c)). Ind. Code §§ 35-48-4-11, 35-50-3-3 |
| Iowa | Possessing marijuana without a valid prescription or other authorization under the controlled substances chapter is a crime in Iowa. First offense: imprisonment in the county jail for not more than six months, a fine of not more than $1,000, or both. Second offense: the serious-misdemeanor penalty in § 903.1(1)(b). Third or later offense: aggravated misdemeanor. Possession, use and administration of cannabidiol are allowed when done in accordance with Iowa's medical cannabidiol law, chapter 124E. Iowa Code § 124.401(5)(b), (c) (Iowa Code 2026) |
| Kansas | Possession of marijuana is a crime in Kansas. First offense: class B nonperson misdemeanor (up to six months in jail and a fine up to $1,000). With one prior conviction: class A nonperson misdemeanor. With two or more prior convictions: drug severity level 5 felony. K.S.A. 21-5706(b)(3), (c)(3)(A)-(C) (last amended L. 2019, ch. 67, § 2); 21-6602; 21-6611 |
| Kentucky | Adult-use marijuana is not legal. Possession of marijuana not in compliance with KRS Chapter 218B (the medicinal cannabis program) is a Class B misdemeanor, except that the maximum term of incarceration shall be no greater than 45 days (§ 218A.1422, effective July 1, 2024). The section does not apply to a licensed cannabis business or agent, or to a registered cardholder whose use of medicinal cannabis complies with KRS Chapter 218B. A court may order a person found guilty of possession to a treatment or recovery program not to exceed 90 days (§ 218A.276). KRS 218A.1422; KRS 218A.276 |
| Louisiana | Adult-use marijuana is not legal. Possession of 14 grams or less: a fine of not more than $100 for a first or any subsequent conviction, enforced by summons in lieu of custodial arrest. More than 14 grams: first conviction — fine not more than $500, parish jail not more than six months, or both; second — fine not more than $1,000, jail not more than six months, or both; third — imprisonment with or without hard labor for not more than two years and a fine of not more than $2,500; fourth or subsequent — with or without hard labor for not more than eight years, a fine of not more than $5,000, or both. Patients in the state medical marijuana program (and caregivers and certain parents of minor patients) possessing medical marijuana in a permitted form are exempt. La. R.S. 40:966(C)(2), (F) |
| Maine | Adult-use cannabis is legal for persons 21 or older, who may possess up to 2 1/2 ounces of cannabis, or 2 1/2 ounces of a combination of cannabis and cannabis concentrate of which not more than 10 grams is concentrate, at any one time, and may cultivate up to 6 mature plants and 12 immature plants plus unlimited seedlings (28-B § 1501(1)). Possession by a person under 21 (outside the medical program) is a civil violation: up to 1 1/4 ounces — fine not less than $350 and not more than $600; over 1 1/4 ounces to 2 1/2 ounces — not less than $700 and not more than $1,000; fines may not be suspended (22 § 2383(1-A)). Adult possession over the legal amount: over 2 1/2 ounces to 8 ounces — Class E crime; over 8 to 16 ounces — Class D; over one pound to 20 pounds — Class C; over 20 pounds — Class B (17-A § 1107-A(1)(F)). 28-B M.R.S. § 1501; 22 M.R.S. § 2383; 17-A M.R.S. § 1107-A(1)(F) |
| Maryland | Adult-use cannabis is legal for individuals at least 21 possessing the 'personal use amount': not more than 1.5 ounces of usable cannabis, 12 grams of concentrated cannabis, cannabis products containing not more than 750 milligrams of delta-9-THC, or two or fewer cannabis plants (Crim. Law §§ 5-101(u), 5-601(a)(1)(ii)). The 'civil use amount' (more than 1.5 but not more than 2.5 ounces; more than 12 but not more than 20 grams of concentrate; more than 750 but not more than 1,250 milligrams of THC products) is a civil offense punishable by a fine not exceeding $250. Under 21 with a personal use amount: civil offense, fine up to $100, and the court may require a drug education program, assessment or treatment. Other cannabis possession is the misdemeanor of possession of cannabis: imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both. Md. Code, Crim. Law §§ 5-101(e-2), (u); 5-601(a), (c)(2) |
| Massachusetts | Adult-use marijuana is legal for persons 21 or older. Effective April 19, 2026 (St. 2026, c. 65, § 29), a person 21 or older may possess, use, purchase, process or manufacture 2 ounces or less of marijuana in public, 'or the equivalent amount of marijuana products as determined by the commission' (previously 1 ounce, of which not more than 5 grams could be concentrate); may possess up to 10 ounces in the person's primary residence plus marijuana from home-grown plants; and may grow not more than 6 plants for personal use, with no more than 12 plants on the premises (c. 94G, § 7). Effective April 19, 2026 (St. 2026, c. 65, § 7), possession of 3 ounces or less of marihuana 'shall only be a civil offense' (previously 2 ounces): a civil penalty of $100 and forfeiture for offenders 18 to 21 (and for those under 18 who complete a drug awareness program); an under-18 offender who does not complete the drug awareness program and community service within one year may face a penalty of up to $1,000. The civil offense is not recorded in the criminal offender record information system (c. 94C, § 32L). G.L. c. 94G, § 7; c. 94C, § 32L |
| Michigan | Adult-use marihuana is legal for persons 21 or older, who may possess up to 2.5 ounces outside their residence (not more than 15 grams of which may be concentrate), possess, store and process up to 10 ounces at their residence plus marihuana from plants grown on the premises, and cultivate up to 12 plants for personal use (MCL 333.27955(1)). Possessing more than the allowed amount but not more than twice it: civil infraction — fine up to $500 for a first violation, up to $1,000 for a second, and a misdemeanor with a fine up to $2,000 for a third or subsequent violation, plus forfeiture. More than twice the allowed amount: a misdemeanor, but no imprisonment unless the violation was habitual, willful and for a commercial purpose, or involved violence. Under 21 with up to 2.5 ounces or 12 plants: civil infraction — first violation fine up to $100 (under 18: or community service, plus 4 hours of drug education or counseling); second violation fine up to $500 (under 18: or community service, plus 8 hours) (MCL 333.27965). MCL 333.27955, 333.27965 (Michigan Regulation and Taxation of Marihuana Act) |
| Minnesota | Adult-use cannabis is legal. An individual 21 or older may possess or transport two ounces or less of adult-use cannabis flower in a public place, and possess two pounds or less of adult-use cannabis flower in the individual's private residence (§ 342.09, subd. 1). Up to eight cannabis plants, with no more than four mature, flowering plants, may be grown at a single residence (subd. 2). Possession over the limits is graded by amount (§ 152.0263): fourth degree (petty misdemeanor) — flower over 2 oz up to 4 oz outside the residence; third degree (misdemeanor, up to 90 days and/or $1,000) — over 4 oz up to 1 lb outside the residence; second degree (gross misdemeanor, up to 364 days and/or $3,000) — over 1 lb up to 2 lbs outside the residence; first degree (up to 5 years and/or $10,000) — over 2 lbs up to 10 kg. Separate tiers apply to concentrate and edibles. Minn. Stat. §§ 342.09, 152.0263 |
| Mississippi | Adult-use (recreational) marijuana is not legal. Possessing 30 grams or less is punished for a first offense by a fine of not less than $100 nor more than $250; a second conviction within two years is a misdemeanor with a $250 fine and up to 60 days in county jail, and a third or later within two years is a misdemeanor with a $250 to $1,000 fine and up to six months in county jail (§ 41-29-139(c)(2)(A)(1)). A driver who has more than 1 gram but not more than 30 grams in a motor vehicle is guilty of a misdemeanor, up to a $1,000 fine and/or 90 days in county jail (§ 41-29-139(c)(2)(A)(2)). More than 30 but less than 250 grams can bring up to one year in county jail or up to three years in Department of Corrections custody; larger amounts carry longer terms. Medical cannabis is allowed for registered patients with a practitioner's written certification of a debilitating medical condition and a Department of Health registry identification card (§ 41-137-5). Miss. Code Ann. §§ 41-29-139(c)(2), 41-137-5 |
| Missouri | Adult-use marijuana is legal under Article XIV, Section 2 of the Missouri Constitution (adopted November 8, 2022). Persons 21 or older may possess 'three ounces or less of dried, unprocessed marijuana, or its equivalent' (§ 10.1(a)); registered adults may cultivate up to six flowering plants, six nonflowering plants, and six clones at a private residence in a locked space (§ 10.1(b)). Possessing more than the limit but not more than twice the limit: first violation — civil infraction, civil penalty not exceeding $250 and forfeiture; second — civil penalty not exceeding $500; third or subsequent — misdemeanor punishable by a fine not exceeding $1,000 (§ 10.6). Smoking in a public place outside a licensed area — civil penalty not exceeding $100 (§ 10.4). Mo. Const. art. XIV, § 2 |
| Montana | Adult-use marijuana is legal for persons 21 or older (and registered cardholders): possessing, purchasing, using or transporting '1 ounce or less of usable marijuana,' of which not more than 8 grams may be in concentrated form and not more than 800 milligrams of THC may be in edible products (§ 16-12-106(1)(a)). Home cultivation: up to two mature marijuana plants and two seedlings (registered cardholders: four mature plants and four seedlings), kept in a locked space at one private residence and not visible from a public place (§ 16-12-106(1)(c)). Possession of more than 1 ounce but less than 2 ounces (or more than 8 but less than 16 grams of concentrate): forfeiture and a civil fine of up to $200 for a first violation, $300 for a second, $500 for a third or later (§ 16-12-106(7)). Smoking in a public place outside a licensed area: civil fine not exceeding $50. Persons under 21 without a registry card are punishable under § 45-5-639. MCA § 16-12-106 |
| Nebraska | Adult-use marijuana is not legal. Possessing marijuana weighing one ounce or less: first offense — an infraction, a citation, a $300 fine, and possible assignment to a drug education course; second offense — Class IV misdemeanor, $400 fine, and imprisonment not to exceed five days; third and subsequent offenses — Class IIIA misdemeanor, $500 fine, and imprisonment not to exceed seven days (§ 28-416(14)). More than one ounce but not more than one pound — Class III misdemeanor (§ 28-416(12)); more than one pound — Class IV felony (§ 28-416(13)). Medical cannabis: the Nebraska Medical Cannabis Patient Protection Act (Initiative Law 2024, No. 437, amended by Laws 2025, LB1) defines the 'allowable amount of cannabis' for a qualified patient as 'up to five ounces of cannabis'; a qualified patient is an individual 18 or older with a written recommendation from a health care practitioner (or a minor with such a recommendation and parental permission) (§ 71-24,104). Neb. Rev. Stat. §§ 28-416, 71-24,104 |
| Nevada | Adult-use cannabis is legal for persons 21 or older. Lawful amounts: 'Two and one-half ounces of usable cannabis' and 'One-fourth of an ounce of concentrated cannabis' (NRS 678D.200(3)). Cultivation of up to 'Six cannabis plants' per person, with not more than 12 plants at a residence, is allowed only if the person is not within 25 miles of an adult-use cannabis retail store (NRS 678D.200, 678D.310(1)). Unlawful cultivation, first violation — misdemeanor with a fine of not more than $600; a fourth or subsequent violation is a category E felony. Consuming cannabis in a public place, a retail store, or a vehicle — misdemeanor with a fine of not more than $600 (NRS 678D.310(3)). Giving cannabis to a person under 21 is a misdemeanor; to a person under 18, a gross misdemeanor. NRS 678D.200, 678D.300, 678D.310 |
| New Hampshire | Adult-use possession is not legalized but small amounts are decriminalized to a violation. Except as provided in RSA 126-X, knowingly possessing 3/4 of an ounce or less of marijuana, 5 grams or less of hashish, or a personal-use amount of regulated marijuana-infused products (no more than 300 milligrams of tetrahydrocannabinol) is a violation. A person 18 years of age or older is subject to a fine of $100 for a first or second offense and up to $300 for a subsequent offense within a 3-year period; a fourth offense with 3 or more prior convictions within the 3-year period is a class B misdemeanor. The fine for a single conviction within 3 years is waived if the person completes a substance abuse assessment within 60 days. A person under 18 is subject to forfeiture and a delinquency petition under RSA 169-B:6. RSA 318-B:2-c |
| New Jersey | Adult-use cannabis is legal for persons 21 years and older, who may have up to 6 oz of cannabis in their possession; licensed dispensaries may sell up to the equivalent of 28.35 grams or 1 ounce of usable cannabis per transaction (Cannabis Regulatory Commission). Under the criminal code, possession of six ounces or less of marijuana, or 17 grams or less of hashish, is not subject to any punishment, as this possession is not a crime, offense, act of delinquency, or civil violation of law (§ 2C:35-10(a)(4)(b)). Possession of more than six ounces of marijuana or more than 17 grams of hashish is a crime of the fourth degree (§ 2C:35-10(a)(3)(b)). N.J.S. 2C:35-10(a)(3)(b), (a)(4)(b) |
| New Mexico | Adult-use cannabis is legal for persons twenty-one years of age or older: possessing, using, purchasing or transporting not more cannabis than authorized is lawful and not grounds for detention, search or arrest (§ 26-2C-25(A)(1)). Amounts in excess of two ounces of cannabis, sixteen grams of cannabis extract and eight hundred milligrams of edible cannabis may be possessed if the excess is stored in the person's private residence and not visible from a public place (§ 26-2C-25(A)(2)). Home grow: not more than six mature cannabis plants and six immature cannabis plants per person, with no more than twelve mature plants in one household (§ 26-2C-25(A)(9)). Smoking cannabis in a public place, except in a cannabis consumption area, carries a civil penalty of fifty dollars ($50.00) (§ 26-2C-26). A person 21 or older producing more than six and up to twelve plants is subject to a $50.00 fine; more than twelve plants is a fourth degree felony (§ 26-2C-27). Odor of cannabis alone is not reasonable suspicion to stop or search (§ 26-2C-25(C)). NMSA 1978, §§ 26-2C-25, 26-2C-26, 26-2C-27 (Laws 2021 (1st S.S.), ch. 4, eff. June 29, 2021) |
| New York | Adult-use cannabis is legal for persons twenty-one years of age or older: possessing, purchasing, obtaining or transporting up to three ounces of cannabis and up to twenty-four grams of concentrated cannabis, giving those amounts without payment to another person 21 or older, and home cultivation in accordance with § 222.15 are lawful (§ 222.05). Possessing more than three ounces of cannabis or more than twenty-four grams of concentrated cannabis is unlawful possession of cannabis, a violation punishable by a fine of not more than one hundred twenty-five dollars (§ 222.25). Possessing more than sixteen ounces of cannabis or more than five ounces of concentrated cannabis is criminal possession of cannabis in the third degree, a class A misdemeanor (§ 222.30). Smoking or vaping cannabis where it is prohibited carries a civil penalty not exceeding twenty-five dollars or up to twenty hours of community service (§ 222.10). N.Y. Penal Law §§ 222.05, 222.10, 222.25, 222.30 |
| North Carolina | Adult-use marijuana is not legal; possession is a crime. Possession of a Schedule VI controlled substance (marijuana) is a Class 3 misdemeanor, but any sentence of imprisonment imposed must be suspended. If the quantity exceeds one-half of an ounce of marijuana or one-twentieth of an ounce of hashish, it is punishable as a Class 1 misdemeanor. If the quantity exceeds one and one-half ounces of marijuana or three-twentieths of an ounce of hashish, or consists of any quantity of synthetic tetrahydrocannabinols or tetrahydrocannabinols isolated from resin, it is punishable as a Class I felony (§ 90-95(d)(4)). Unless otherwise provided, the maximum fine for a Class 3 misdemeanor is $200.00 (§ 15A-1340.23(b)). N.C. Gen. Stat. § 90-95(d)(4); § 15A-1340.23(b) |
| North Dakota | Adult-use marijuana is not legal; small amounts are an infraction. Possession of marijuana in an amount of less than one-half ounce [14.175 grams] is an infraction; at least one-half ounce but not more than 500 grams is a class B misdemeanor; more than 500 grams is a class A misdemeanor. Tetrahydrocannabinol: less than two grams is an infraction; at least two grams but not more than six grams is a class B misdemeanor; more than six grams is a class A misdemeanor. A person under twenty-one who ingests marijuana (other than medical marijuana obtained under chapter 19-24.1) commits a class B misdemeanor. A first-offense conviction for one ounce or less of marijuana (or two grams or less of THC) must be sealed on motion if the person is not convicted of a further violation within two years. Medical program (chapter 19-24.1): a registered qualifying patient generally may not purchase more than two and one-half ounces of dried flower in a thirty-day period or possess more than three ounces at any time (higher amounts with an enhanced card). N.D.C.C. §§ 19-03.1-23(7)(d), (9); 19-03.1-22.3(2); 19-24.1-01(3) |
| Ohio | Legal for adult-use consumers 21 and older (Marijuana Control Law, chapter 3796, as revised by S.B. 56, effective March 20, 2026). No person shall knowingly possess more than two and one-half ounces of plant material (excluding seeds, live plants, or clones being cultivated under home grow) or fifteen grams of extract, counting homegrown and adult-use marijuana together. Home grow at the primary residence: not more than six homegrown marijuana plants per adult-use consumer and not more than twelve at a single residence, secured from persons under 21 and not visible from public spaces. Smoking, combustion, or vaporization is limited to privately owned real property used primarily for residential or agricultural purposes. No person under twenty-one may purchase, use, or possess adult-use or homegrown marijuana. Possessing over the limit is possession of marijuana under R.C. 2925.11, which is graded by weight: less than 100 grams, minor misdemeanor; 100 to under 200 grams, misdemeanor of the fourth degree; 200 to under 1,000 grams, felony of the fifth degree; higher amounts are third- or second-degree felonies. R.C. 3796.221(B), 3796.04, 3796.06, 3796.99, 2925.11(C)(3) |
| Oklahoma | No adult-use legalization; Oklahoma has a medical marijuana program. A state-issued medical marijuana patient license holder may legally possess up to three (3) ounces (84.9 grams) of marijuana on their person, six mature plants and the harvested marijuana, six seedling plants, one (1) ounce (28.3 grams) of concentrated marijuana, seventy-two (72) ounces of edible marijuana, up to eight (8) ounces (226.4 grams) in their residence, and seventy-two (72) ounces of topical marijuana. Possession of up to one and one-half (1.5) ounces (42.45 grams) by persons who can state a medical condition but do not have a patient license is a misdemeanor punishable by a fine not to exceed Four Hundred Dollars ($400.00), with no imprisonment, and is handled by citation. Other unlawful possession of a controlled dangerous substance is a misdemeanor punishable by confinement for not more than one (1) year and a fine not exceeding One Thousand Dollars ($1,000.00), with escalating penalties for repeat offenses within ten (10) years. 63 O.S. §§ 420(A)-(B), 2-402 |
| Oregon | Legal for adults 21 and older within limits. A household may have up to four homegrown marijuana plants at any time. It is unlawful for a person 21 or older to possess more than two ounces of usable marijuana in a public place or more than eight ounces of usable marijuana (or plants beyond the household limit, and other items above their limits). Penalties for persons 21+: possession of not more than two times the applicable maximum amount is a Class B violation; more than two times but not more than four times, a Class B misdemeanor; otherwise unlawful possession is a Class A misdemeanor; more than 16 times the maximum (or more than eight pounds of usable marijuana in a public place) is a Class C felony; more than 32 times the maximum is a Class B felony. Possession by a person under 21 is unlawful under ORS 475C.341, with the same felony thresholds. ORS 475C.305(1), 475C.337, 475C.341 |
| Pennsylvania | Adult-use marijuana is not legal. Possession of a small amount of marihuana only for personal use (thirty (30) grams of marihuana or eight (8) grams of hashish is a small amount), or distribution of a small amount not for sale, is a misdemeanor punishable by imprisonment not exceeding thirty days, or a fine not exceeding five hundred dollars ($500), or both. The Controlled Substance, Drug, Device and Cosmetic Act (Act No. 64 of 1972), § 13(a)(31), (g) |
| Rhode Island | Legal for adults 21 and older (Rhode Island Cannabis Act, effective May 25, 2022). A person 21 or older may possess, use, purchase from a licensed retailer, or process one ounce (1 oz.) or less of cannabis (or the equivalent amount of concentrate), and may give up to one ounce to another adult 21+ without payment. Within a primary residence, a person may possess up to ten ounces (10 oz.) total of cannabis per resident. Home grow: not more than a total of three (3) mature and three (3) immature cannabis plants per dwelling unit, no matter how many persons reside there, subject to the commission's security requirements. Smoking or vaporizing in public places where tobacco smoking is banned is not authorized. Beyond these limits, the Uniform Controlled Substances Act applies: an adult 21 or older with more than one ounce but not more than two ounces faces a $150 civil fine and forfeiture of the marijuana (first or second violation within 18 months), not a crime; an unpaid fine doubles to $300 after 30 days and to $600 after 90 days. Possessing more than two ounces outside one's primary residence is a misdemeanor punishable by up to one year in prison, a fine up to $500, or both. Possessing more than ten ounces (not counting live plants) in one's residence is a misdemeanor punishable by up to one year, a fine of $200 to $500, or both. Growing more plants than allowed but fewer than 25 is a misdemeanor (up to one year, $200 to $500 fine, or both); 25 or more live plants is a felony punishable by up to three years, a fine up to $5,000, or both. R.I. Gen. Laws §§ 21-28.11-22, 21-28.11-27(b), 21-28-4.01(c)(2)(iii), (iv), (vii) |
| South Carolina | Possession is a crime; adult-use marijuana is not legal. Possession of twenty-eight grams or one ounce or less of marijuana is a misdemeanor punishable by imprisonment of not more than thirty days or a fine of not less than one hundred dollars nor more than two hundred dollars; a second or subsequent offense is a misdemeanor punishable by imprisonment of not more than one year or a fine of not less than two hundred dollars nor more than one thousand dollars, or both. Conditional discharge may be granted under Section 44-53-450. Ten pounds or more of marijuana is the felony of trafficking in marijuana (first offense for ten to under one hundred pounds: not less than one year nor more than ten years, no part suspended nor probation granted, and a fine of ten thousand dollars). S.C. Code § 44-53-370(d)(5), (e)(1) |
| South Dakota | Adult-use possession is a crime; a medical cannabis program exists. No person may knowingly possess marijuana. Possessing two ounces of marijuana or less is a Class 1 misdemeanor; more than two ounces but less than one-half pound is a Class 6 felony; one-half pound to less than one pound, Class 5 felony; one pound to ten pounds, Class 4 felony; more than ten pounds, Class 3 felony. A civil penalty of up to $10,000 may also be imposed. Medical program: a registered cardholder's allowable amount is three ounces of cannabis or less and, with a registry card allowing cultivation, two flowering cannabis plants and two cannabis plants that are not flowering. SDCL 22-42-6; SDCL 34-20G-1 |
| Tennessee | Possession is a crime; adult-use marijuana is not legal. Knowingly possessing or casually exchanging a controlled substance (including marijuana) without a valid prescription, and distributing a small amount of marijuana not in excess of one-half ounce (14.175 grams), are Class A misdemeanors (up to 11 months 29 days and/or a $2,500 fine). Selling, manufacturing, delivering, or possessing with intent to sell marijuana in an amount not less than one-half ounce nor more than ten pounds is a Class E felony. Tenn. Code Ann. §§ 39-17-418(a), (b), (c)(1); 40-35-111(e)(1); 39-17-417(g)(1) (felony tier as described by the Fiscal Review Committee) |
| Texas | Possession is a crime; adult-use marijuana is not legal. Possession of marihuana: two ounces or less, Class B misdemeanor; more than two ounces but four ounces or less, Class A misdemeanor; more than four ounces but five pounds or less, state jail felony; more than five pounds but 50 pounds or less, felony of the third degree; more than 50 pounds but 2,000 pounds or less, felony of the second degree; more than 2,000 pounds, punishable by imprisonment for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000. Tex. Health & Safety Code § 481.121(b) |
| Utah | Adult-use possession is a crime; a medical cannabis program exists. Knowingly and intentionally possessing or using marijuana without a valid prescription or other authorization is a class B misdemeanor, except that it is a second degree felony if the amount is 100 pounds or more. Repeat convictions within seven years increase the level (a third conviction is a class A misdemeanor and a fourth is a third degree felony), and penalties are enhanced inside a correctional facility or jail. Medical cannabis cardholders and nonresident patients are not guilty of these offenses for possessing unprocessed cannabis or a cannabis product in a medicinal dosage form in an amount that does not exceed the legal dosage limit, or a medical cannabis device. Utah Code § 76-18-207 (enacted 2026); Utah Code § 58-37-404 |
| Vermont | Legal for adults 21 and older. A person 21 or older who possesses two ounces or less of cannabis or 10 grams or less of hashish, two mature cannabis plants or fewer or four immature plants or fewer, and cannabis paraphernalia is not penalized or sanctioned in any manner by the State (cannabis grown and stored under § 4230e does not count toward the limit). Consuming cannabis in a public place is a civil violation (up to $100 first, $200 second, $500 third or subsequent offense). Possessing more than the allowed amounts is subject to civil penalties or crimes that increase with the amount; for example, eight ounces of cannabis or 1.4 ounces of hashish, or more than four mature or eight immature plants, is punishable by up to three years, a fine of up to $10,000, or both; more than one pound (or 2.8 ounces of hashish) up to five years and $10,000; and more than 10 pounds (or one pound of hashish) up to 15 years and $500,000. 18 V.S.A. §§ 4230, 4230a |
| Virginia | Legal for adults 21 or older to possess, on their person or in a public place, not more than two ounces of marijuana or an equivalent amount of marijuana product as determined by regulation. Possessing more than that is a civil penalty of no more than $25. More than four ounces but not more than one pound: Class 3 misdemeanor (Class 2 misdemeanor for a second or subsequent offense). More than one pound: felony punishable by 1 to 10 years and/or a fine of not more than $250,000. The four-ounce and one-pound penalties do not apply to possession in one's residence or to licensees acting within their duties. Va. Code § 4.1-1100 (as amended by 2026 Sp. Sess. I, c. 1) |
| Washington | Legal for adults 21 or older to possess useable cannabis, cannabis concentrates and cannabis-infused products in amounts that do not exceed those in RCW 69.50.360(3): 1 ounce of useable cannabis, 16 ounces of solid cannabis-infused product, 72 ounces of liquid cannabis-infused product (or 200 milligrams of THC in individually packaged units of no more than 4 milligrams each), and 7 grams of cannabis concentrate. Otherwise, possession of forty grams or less of cannabis is a misdemeanor (and prosecutors and police are encouraged to divert or refer to services); possession of controlled substances generally is a gross misdemeanor. RCW 69.50.4013(3), 69.50.360(3), 69.50.4014 |
| West Virginia | A crime; adult-use marijuana is not legalized. Possession of a controlled substance without authorization is a misdemeanor punishable by 90 days to six months in jail, a fine of up to $1,000, or both; a first offense involving less than 15 grams of marijuana shall be disposed of under the conditional discharge section (deferral and probation for a person with no prior drug conviction; dismissal on completion is not a conviction, and expungement is available after six months). Medical cannabis is lawful under the Medical Cannabis Act for certified patients and caregivers holding a valid identification card, in forms such as pills, oils, topicals, vaporization/nebulization forms, tinctures, liquids and dermal patches (dry leaf or plant form only if bureau rules permit). W. Va. Code §§ 60A-4-401(c), 60A-4-407, 16A-3-2 |
| Wisconsin | A crime; adult-use marijuana is not legal. Possessing or attempting to possess tetrahydrocannabinols: a fine of not more than $1,000 or imprisonment for not more than 6 months or both upon a first conviction, and a Class I felony for a 2nd or subsequent offense (any prior drug conviction under this chapter or any state or federal drug statute counts). Wis. Stat. § 961.41(3g)(e) |
| Wyoming | A crime; adult-use marijuana is not legal. Possessing a controlled substance in plant form of no more than three (3) ounces is a misdemeanor punishable by imprisonment for not more than twelve (12) months, a fine of not more than one thousand dollars ($1,000.00), or both; a third or subsequent offense is punishable by not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both. Possessing more than that amount of a Schedule I, II or III substance (other than methamphetamine or a narcotic) is a felony punishable by not more than five (5) years, a fine of not more than ten thousand dollars ($10,000.00), or both. No practitioner may dispense or prescribe marihuana or tetrahydrocannabinol, except drugs with final FDA approval such as dronabinol. W.S. 35-7-1031(c) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.