Data Monday: Marijuana In The States
By Deepti Govind
Virginia may soon become the first of the Southern states to legalize weed in the U.S., and if so, it would also be the 16th state to fully legalize marijuana in the country. The state’s General Assembly voted on Feb. 5 to legalize marijuana in the state, and may just permit simple possession as soon as this summer, according to a Rolling Stone article.
In July 2020, Virginia had decriminalized weed in the state, which changed the way minor marijuana related offenses were viewed in the eye of the law. Offenses involving the personal possession of up to one ounce of marijuana were changed to a civil violation – punishable by a maximum $25 fine, no arrest, and no criminal record – rather than a criminal misdemeanor punishable by up to 30 days in jail, a criminal record, and the possible loss of driving privileges.
The Virginia General Assembly also has a plan in place to open dispensaries from 2024 onwards. The measure now awaits the signature of Governor Ralph Northam, who has supported marijuana legalization in Virginia in the past. When legal sales begin in 2024, revenues will go toward pre-K and public health programs, addiction treatment and a fund to remedy the effects of the drug’s criminalization.
“If you want to help marginalized communities, here is an opportunity. This is an opportunity to invest in those communities that have been decimated by the so-called war on drugs and to give us an economic leg up. There are more deaths from legal pharmaceuticals … sold at your local CVS and Walgreens that cause way more deaths than anything that marijuana — cannabis — will do,” Del. Don Scott, D-Portsmouth, said prior to the vote, according to Rolling Stone.
Several legislative leaders across the country have been ramping up their calls for enacting marijuana legalization this year, whether it be for adult or medical use, according to a post on Norml.
State-wise Status Check
While 15 states and Washington D.C. have fully legalized marijuana use, several others have mixed laws with legal nuances. For instance, in Nebraska, any kind of marijuana use and possession is illegal but the addressing of offenses related to the use of pot has been decriminalized, which means it is viewed as a civil offense and not a criminal offense.
On the other hand, in Michigan where possession and use of marijuana is fully legal, if you are caught violating rules then you’ve committed a criminal offense in the eye of the law and are liable to be punished accordingly.
Below, we take a look at the laws and tell you what’s legal and what’s not, and whether any offenses are treated as civil violations or criminal violations in each state, sourced from DISA Global Solutions.
Brown – Fully legal, no ambiguity; punishment not decriminalized
Pink – Legalized but rules either not yet in effect, or still require updates
Purple – Mixed rules (tighter or total restrictions around recreation use, or only certain forms of medical marijuana etc); punishment decriminalized
Gray – Medical use allowed; punishment not decriminalized
Red – Completely banned
Orange – Completely banned but punishment decriminalized
Yellow – Only CBD oil is allowed; punishment not decriminalized
Alabama
Legal status: Fully illegal
Medicinal: No
Decriminalized: No
Note: Alabama may legalize marijuana soon. Read more here.
Alaska
Legal status: Fully legal
Medicinal: Yes
Decriminalized: Yes
Arizona
Legal status: Fully legal
Medicinal: Yes
Decriminalized: Yes
Arkansas
Legal status: Mixed
Medicinal: Yes
Decriminalized: No
California
Legal status: Fully legal
Medicinal: Yes
Decriminalized: Yes
Colorado
Legal status: Fully legal
Medicinal: Yes
Decriminalized: Yes
Connecticut
Legal status: Mixed
Medicinal: Yes
Decriminalized: Yes
Delaware
Legal status: Mixed
Medicinal: Yes
Decriminalized: Yes
District of Columbia
Legal status: Fully legal
Medicinal: Yes
Decriminalized: Yes
Florida
Legal status: Mixed
Medicinal: Yes
Decriminalized: No
Georgia
Legal status: Mixed
Medicinal: CBD oil only
Decriminalized: No
Hawaii
Legal status: Mixed
Medicinal: Yes
Decriminalized: Yes
Idaho
Legal status: Fully illegal
Medicinal: No
Decriminalized: No
Illinois
Legal status: Fully legal
Medicinal: Yes
Decriminalized: Yes
Indiana
Legal status: Mixed
Medicinal: CBD oil only
Decriminalized: No
Iowa
Legal status: Mixed
Medicinal: CBD oil only
Decriminalized: No
Kansas
Legal status: Fully illegal
Medicinal: No
Decriminalized: No
Kentucky
Legal status: Mixed
Medicinal: CBD oil only
Decriminalized: No
Louisiana
Legal status: Mixed
Medicinal: Yes
Decriminalized: No
Maine
Legal status: Fully legal
Medicinal: Yes
Decriminalized: Yes
Maryland
Legal status: Mixed
Medicinal: Yes
Decriminalized: Yes
Massachusetts
Legal status: Fully legal
Medicinal: Yes
Decriminalized: Yes
Michigan
Legal status: Fully legal
Medicinal: Yes
Decriminalized: No
Minnesota
Legal status: Mixed
Medicinal: Yes
Decriminalized: Yes
Mississippi
Legal status: Mixed
Medicinal: Yes
Decriminalized: Yes
Missouri
Legal status: Mixed
Medicinal: Yes
Decriminalized: Yes
Montana
Legal status: Fully legal
Medicinal: Yes
Decriminalized: Yes
Nebraska
Legal status: Fully legal
Medicinal: No
Decriminalized: Yes
Nevada
Legal status: Fully legal
Medicinal: Yes
Decriminalized: Yes
New Hampshire
Legal status: Mixed
Medicinal: Yes
Decriminalized: Yes
New Jersey
Legal status: Fully legal
Medicinal: Yes
Decriminalized: Yes
New Mexico
Legal status: Mixed
Medicinal: Yes
Decriminalized: Yes
New York
Legal status: Mixed
Medicinal: Yes
Decriminalized: Yes
North Carolina
Legal status: Fully illegal
Medicinal: No
Decriminalized: Yes
North Dakota
Legal status: Mixed
Medicinal: Yes
Decriminalized: Yes
Ohio
Legal status: Mixed
Medicinal: Yes
Decriminalized: Yes
Oklahoma
Legal status: Mixed
Medicinal: Yes
Decriminalized: No
Oregon
Legal status: Fully legal
Medicinal: Yes
Decriminalized: Yes
Pennsylvania
Legal status: Mixed
Medicinal: Yes
Decriminalized: No
Rhode Island
Legal status: Mixed
Medicinal: Yes
Decriminalized: Yes
South Carolina
Legal status: Fully illegal
Medicinal: No
Decriminalized: No
South Dakota
Legal status: Fully legal
Medicinal: Yes
Decriminalized: Yes
Tennessee
Legal status: Fully illegal
Medicinal: No
Decriminalized: No
Texas
Legal status: Mixed
Medicinal: CBD oil only
Decriminalized: No
Utah
Legal status: Mixed
Medicinal: Yes
Decriminalized: No
Vermont
Legal status: Fully legal
Medicinal: Yes
Decriminalized: Yes
Virginia
Legal status: Mixed
Medicinal: CBD oil only
Decriminalized: Yes
Washington
Legal status: Fully legal
Medicinal: Yes
Decriminalized: Yes
West Virginia
Legal status: Mixed
Medicinal: Yes
Decriminalized: No
Wisconsin
Legal status: Mixed
Medicinal: CBD oil only
Decriminalized: No
Wyoming
Legal status: Fully illegal
Medicinal: No
Decriminalized: No
Cannabis, marijuana, hemp – what’s the legal difference?
Cannabis has been used across the world for ages, from the sites where prehistoric hunters and gatherers lived, to ancient China and Viking ships. The use of the plant originated thousands of years ago in Asia, and has since found its way to many regions of the world, eventually spreading to the Americas and the United States, according to an article in Live Science.
But there’s a difference between cannabis, marijuana and hemp. Marijuana and hemp both come from the cannabis plant, which has two familiar subspecies. Cannabis sativa, known as marijuana, has psychoactive properties. The other plant is Cannabis sativa L (The L was included in the name in honor of the botanist Carl Linnaeus), the article said. This subspecies is known as hemp; it is a non-psychoactive form of cannabis, and is used in manufacturing products such as oil, cloth and fuel.
Legally, hemp is defined as the cannabis plant in the Farm Bill of 2018 with one key difference: hemp cannot contain more than 0.3 percent of Tetrahydrocannabinol THC (the compound in the plant most commonly associated with getting a person high). In short, hemp can’t get you high, according to an article on Brookings.
Any cannabis plant that contains more than 0.3 percent THC would be considered non-hemp cannabis—or marijuana—under federal law. Cannabidiol (CBD) is a non-intoxicating compound found in cannabis. The Farm Bill ensures that any cannabinoid—a set of chemical compounds found in the cannabis plant—that is derived from hemp will be legal, if and only if that hemp is produced in a manner consistent with the Farm Bill, associated federal regulations, association state regulations, and by a licensed grower. All other cannabinoids, produced in any other setting, remain a Schedule I substance under federal law.