The Different Types of Marijuana Laws Across the US

Laws regarding marijuana are constantly changing, with some states legalizing use for medical or recreational purposes. Whether you’re a medical patient looking for information on your rights and treatments, or simply curious about what the law has to say about cannabis, this guide will provide an overview of marijuana laws across the United States.

Federal vs State Dispensary Marijuana Laws

While it’s important to understand the varying state marijuana laws, it’s equally important to know what the federal law says about medical and recreational use. Under federal law, cannabis is still a Schedule 1 drug and therefore illegal for both medical and recreational uses. However, since most states have laws legalizing marijuana in one form or another, many of them allow dispensaries to operate with very few restrictions.

Medical Marijuana Requirements Across the Country

Across the US, state medical marijuana laws have different requirements for those wishing to use cannabis for medicinal purposes. For example, many states require certified physicians to recommend medical marijuana products before they can be purchased and consumed. Other states allow non-medical users to access medical marijuana depending on their age or condition. Lastly, some states even allow home cultivation of cannabis plants if it is done in accordance with state laws.

Legalization of Recreational Cannabis in Selected US States

In recent decades, several US states have legalized the use of recreational marijuana. These laws vary from state to state and even within certain states depending on local jurisdictions. Colorado and Washington were the first two states to legalize recreational cannabis in 2012 followed by Oregon in 2014. Since then, numerous additional US states—including Alaska, California, Massachusetts, Maine & Nevada—have gone on to legalize recreational use of marijuana.

What is Decriminalization?

Decriminalization is a policy that reduces the criminal penalties associated with marijuana and typically applies to possession of small amounts for personal use. It generally involves fines instead of jail time. Generally, the amount considered for personal use varies from state to state. In some states, such as New York, it may be up to 25 grams that can be decriminalized while in Oregon it is 1 ounce or less.

Understanding Marijuana Taxation Policies by State

Taxation policies vary significantly by state. Most states with legalized medical or recreational marijuana impose taxes based on the potency and weight of the drug, though other factors—such as production methods and other product characteristics—may also be considered. States may also impose excise taxes on marijuana products; for example, in Washington, medical marijuana patients must pay an excise tax in addition to applicable sales tax. Additionally, cannabis businesses must pay an income tax on their profits in many jurisdictions.