Recreational Marijuana Laws in the USA - State by State

Following the lead of the many states that have legalized medical marijuana, now many states have moved forward and are legalizing the recreational use of cannabis. These laws allow adults 21 and over to use marijuana recreationally, for any reason with a medical marijuana recommendation, card or license.

Most recreational marijuana states also allow home cultivation, allowing adults to grow a few plants in their own home. However most do not allow marijuana to be consumed in public. In states that allow the retail sale of recreational marijuana extra taxes are generally levied, producing massive amounts of income for state governments – much of which goes towards public services like education and drug rehab.

As of November 2016, recreational cannabis is now legal in:

 

Alaska

Law: Measure 2 (52.15%)
Year Passed: 2014
Date Implemented: February 24th, 2015
Age Requirement: 21
Administrative Agency: Marijuana Control Board
Tax Structure: $50 per ounce on all marijuana sold by wholesale cultivation facilities, additional local taxes expected
Recreational Outlets: No, expected to open Spring 2016
Possession Limit: 1 oz, and all marijuana from a grow, at the location of that grow
Home Cultivation: 6 plants, with only 3 in flowering stage at a time

 

California

Law: Proposition 64 (56.2%)
Year Passed: 2016
Date Implemented: November 9, 2016. Retail sales on January 1, 2018.
Age Requirement: 21
Administrative Agency: Department of Consumer Affairs, Department of Public Health & Department of Food & Agriculture
Tax Structure: 15% on retail sales, cultivation taxes of $9.25 per ounce of flowers and $2.75 per ounce of leaves, additional local taxes may apply
Recreational Retail Outlets: Yes
Possession Limit: 1 oz and/or 8g concentrates
Home Cultivation: 6 plants, with only 3 in flowering stage at a time

 

Colorado

Law: Amendment 64 (55.3%)
Year Passed: 2012
Date Implemented: January 1st, 2014
Age Requirement: 21
Administrative Agency: Department of Revenue, Marijuana Enforcement Division (MED)
Tax Structure: 15% excise, 10% sales tax, additional local taxes may apply
Recreational Retail Outlets: Yes
Possession Limit: 1 oz, non-residents of Colorado 0.25 oz
Home Cultivation: 6 plants, with only 3 in flowering stage at a time

Maine

Law: Question 1 (50.2%)
Year Passed: 2016
Date Implemented: Before December 18, 2016. Regulations for businesses to be in place by August 8, 2017
Age Requirement: 21
Administrative Agency: Department of Agriculture, Conservation and Forestry
Tax Structure: 10% on retail sales
Recreational Retail Outlets: Yes
Possession Limit: 2.5 oz Home Cultivation: 6 plants, including all of the harvest, and/or up to 12 immature plants and unlimited seedlings

 

Massachusetts

Law: Question 4 (53.57%)
Year Passed: 2016
Date Implemented: December 15, 2016
Age Requirement: 21
Administrative Agency: Cannabis Control Commission & Cannabis Advisory Board
Tax Structure: 3.75% excise tax, local municipalities may add another 2% tax
Recreational Retail Outlets: Yes
Possession Limit: 10 oz at home and 1 oz in public
Home Cultivation: 6 plants

 

Nevada

Law: Question 2 (54.47%)
Year Passed: 2016
Date Implemented: January 1, 2017
Age Requirement: 21
Administrative Agency: Department of Taxation
Tax Structure: 15% excise tax
Recreational Retail Outlets: Yes
Possession Limit: 1 oz and/or 3.5g concentrates
Home Cultivation: 6 plants

 

Oregon

Law: Measure 91 (56.1%)
Year Passed: 2014
Date Implemented: October 2015
Age Requirement: 21
Administrative Agency: Oregon Liquor Control Commission
Tax Structure: 17% sales tax
Recreational Retail Outlets: Recreational sales start October 2015.
Possession Limit: 8 oz at home, 1 oz outside, 1 lb solid edibles, 72 oz liquid, 1 oz concentrates
Home Cultivation: 4 plants

 

Washington

Law: Initiative 502 (55.7%)
Year Passed: 2012
Date Implemented: July 8th, 2014
Age Requirement: 21
Administrative Agency: Washington State Liquor Control Board
Tax Structure: 25% at all stages, grower, processer, retailer and customer, plus normal sales taxes
Recreational Retail Outlets: Yes
Possession Limit: 1 oz marijuana, 16 oz of marijuana-infused products in edible form, and 72 oz of marijuana products in liquid form
Home Cultivation: No

 

Washington D.C. (formally District of Columbia)

Law: Initiative 71 (64.8%)
Year Passed: 2014
Date Implemented: February 26, 2015
Age Requirement: 21
Administrative Agency: None
Tax Structure: None, retail & sale is still illegal
Recreational Retail Outlets: No
Possession Limit: 2 oz
Home Cultivation: 6 plants, with only 3 in flowering stage at a time