By: Amber Blacharski

Marijuana is a Federally Illegal Schedule I drug. So, how is it possible marijuana is legal in some states? The Tenth Amendment creates “the division of power between the Federal government and state governments.” Proposed and ratified with the Bill of Rights on December 15th, 1791, thank you to the 1st United States Congress, for making it possible for the people to decide whether Marijuana is legal in their state 200+ years later. Many states from the east coast to the west coast are voting for legalizing marijuana incrementally. It’s hard to keep up with where marijuana is legal and in what capacity, so here is the breakdown.

States with Prohibited Marijuana Use

  • InIdahoandSouth Dakotamarijuana use is illegal. If you’re caught in possession, you’ll land yourself a misdemeanor and prison time.
  • Marijuana use is also prohibited in Nebraska, but the first offense is decriminalized possession, meaning you’ll end up with a $300 fine. After that, you’ll end up with a larger fine and some jail time.

States with Legal Medicinal Marijuana but limited THC

14 states have legalized only CBD for medicinal purposes and have varying THC percentage limitations. All states on the list below except Mississippi and North Carolina have NOT decriminalized any amounts of THC containing marijuana.

  • Alabama
  • Georgia
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Mississippi
  • North Carolina
  • South Carolina
  • Tennessee
  • Texas
  • Virginia
  • Wisconsin
  • Wyoming

States with Legal Medicinal Marijuana

23 states have legalized the use of marijuana for medicinal purposes with no limits on THC.

  • Arizona
  • Arkansas
  • Florida
  • Hawaii
  • Louisiana
  • Montana
  • New Jersey
  • Oklahoma
  • Pennsylvania
  • Utah
  • West Virginia

Of the 23, the following 12 have decriminalized possession in small amounts as well.

  • Connecticut
  • Delaware
  • Illinois
  • Maryland
  • Minnesota
  • Missouri
  • New Hampshire
  • New Mexico
  • New York
  • North Dakota
  • Ohio
  • Rhode Island

Legal Recreational Marijuana

There are 10 states, with one (Illinois, pending the governor’s signature) on the way in 2020. Each state has their own laws regarding transport and cultivation laws. For simplicity, I’ll share transport amounts.
The following 8 states can transport up to 1 ounce of Marijuana:

  • Alaska
  • California
  • Colorado
  • Massachusetts
  • Nevada
  • Oregon
  • Vermont
  • Washington

The following 2 states can transport up to 2.5 ounces of Marijuana:

  • Maine
  • Michigan

The incremental progression of legalized marijuana typically begins with medicinal legalization with limited THC, moving up to medicinal legalization without THC limits, possession decriminalization, and finally to full recreational legalization. Which state will level up next? Here in Colorado, The Green Solution is proud in one of the first states to legalize recreational use of marijuana, and pretty stylishly, we might add. Check out our huge selection ofconcentrates,flower,edibles, and much more atMyGreenSolutionand reserve for pickup at yourpreferred location.

Quick Fact

Curing Cannabis Plants- This very gradual drying process involves moderate humidity and mild temperatures, preserving the dimensionality of cannabis plants and the consumption experience. The better and more gradual the curing process, the more sophisticated a grower's yields become, including preserved aromas, flavors, and potency.