Marijuana Laws in All 50 States: Oct. 27

The US Attorney General said last week that he is “cautiously optimistic” about efforts to legalize cannabis in the United States. Eric Holder recently announced plans to retire from his leading position with the Justice Department, but he says the agency is still very much watching to see what happens with the great marijuana legalization experiment current underway in Colorado and Washington, and perhaps soon in Alaska, Oregon and the District of Columbia.

Holder maintains that states where legal pot markets exist do not have to worry about a government intervention, as long as the laws remain civil. “What I’ve told the governors of those states is that if we’re not satisfied with their regulatory scheme that we reserve the right to come in and to sue them. So we’ll see,” said Holder in an interview with CNN.

With the November election just another week away, here is an updated look at the marijuana laws and pending legislation in your neck of the woods:

Alabama

There are currently no medical or recreational marijuana laws in place.

Alaska

The state will vote on establishing a recreational marijuana market in the upcoming November election. Decriminalization laws are already in place for up to four ounces of marijuana, and the state has a medical marijuana program. Recent polls show that nearly 58 percent of the voters support Measure 2, which would allow marijuana to be taxed and regulated similar to alcohol.

Arizona

The state has a medical marijuana program in place. However, Representative Ethan Orr says he intends to push a measure in 2015 to legalize recreational marijuana. He claims to trust the public to pass a ballot initiative, and believes elected officials should approve the issue. Orr says the state could use the revenue from cannabis taxes to straighten out the state’s tanking budget.

Arkansas

There are currently no medical or recreational marijuana laws in place. Yet, while Arkansas Attorney General Dustin McDaniel rejected another proposal to legalize marijuana in the state, he has given approved to two marijuana-related proposals that are now collecting signatures for 2016.

California

Possession of 28.5 grams or less of marijuana has been decriminalized. In addition, the state has one of the most liberal medical marijuana programs in the United States. The Marijuana Policy Project, however, is preparing to start collecting signatures for a 2016 initiative that would legalize recreational marijuana.

San Jose is losing the majority of its dispensaries. Over the summer, the city had around 80, but now only six have permits… all others must shut their doors. This drastic decrease in access comes with the passing of a new ordinance.

Colorado

Legal Recreational and Medical Marijuana Market in Place. Interestingly, Colorado officials announced they were considering imposing a ban on marijuana edibles, but later retracted the statement after the story hit the media.

Connecticut

A half ounce or less of marijuana has been decriminalized, and the state has a medical marijuana program.

Delaware

A medical marijuana program is in place. Yet, a recent poll by the University of Delaware shows that 56 percent of population would support a measure to legalize recreational marijuana. This is not likely to happen, however, because Governor Jack Markell has said that he will no support any such legislation, but is open to discus decriminalization to a certain degree.

District of Columbia

The state will vote on allowing the recreational use of marijuana in the upcoming November election. In addition, the district has decriminalized 1 ounce or less of marijuana, and it currently has a medical marijuana program in place.

Florida

To vote on legalized medical marijuana in the upcoming November election. A recent poll indicates that the state has a good chance of passing this measure — 67 percent of the state’s voters are in favor of establishing a medical marijuana program. In order for the initiative to be approved, 60 percent of the voters will have to cast ballots in support of the issue.

Yet, another poll released last week indicates that the state will not be successful in gaining enough support to pass. But this does not have supporters concerned. In an emailed statement, United for Care’s Ben Pollara said:

“In public polls there’s literally a 19% swing between the highest and lowest. Here’s what I know: Our own internal data currently puts us above the 60% we need to win.”

“We knew, when a billionaire got into the race and dumped millions on the No on 2 side, that we would take a hit — and we did. But as it turns out — his money didn’t go as far as they thought it would. We’re still winning.”

Georgia

There are currently no medical or recreational marijuana laws in place.

Hawaii

The state has a medical marijuana program in place, but access is limited.

Idaho

There are currently no medical or recreational marijuana laws in place.

Illinois

There is a medical marijuana program in place.

Indiana

There are currently no medical or recreational marijuana laws in place.

Iowa

The state recently passed the Medical Cannabidiol Act, which allows parents with epileptic children to possess CBD oil. However, there is nothing written in the legislation that allows cultivation, so parents have been reduced to smuggle medicine in from other states or simply do without. This is because federal law will not allow the transport of cannabis medicine across state lines.

Kansas

There are currently no medical or recreational marijuana laws in place.

Kentucky

The state recently legalized industrial hemp for research purposes.

Louisiana

There are currently no medical or recreational marijuana laws in place.

Maine

Possession of 2.5 ounces of marijuana or less has been decriminalized, and a medical marijuana program is in place. Voters in select cities will decided on the issue of decriminalization in the upcoming election.

Maryland

Possession of 10 grams or less of marijuana has been decriminalized, and a medical marijuana program is in place.

Massachusetts

Possession of 1 ounce or less of marijuana has been decriminalized, and a rough medical marijuana program is in place. Bay State Repeal, however, is currently working on an initiative to put the question to legalize marijuana in 2016. In addition, the state just launched a mandatory medical marijuana registration program that requires patients and caregivers to sign up before the end of the year to qualify for access to medical marijuana.

“You will need to register with the MMJ Online System by January 1, 2015 in order to possess marijuana for medical purposes, even if you already have a paper written certification from your physician. Paper written certifications will no longer be valid as of February 1st, 2015,” according to a press released issued by the Massachusetts Department of Public Health.

Michigan

A medical marijuana program is in place.

Minnesota

A medical marijuana program is in place.

Mississippi

Possession of 30 grams or less of marijuana, first offense, has been decriminalized.

Missouri

The heath department announced last week that will start accepting applications from those interested in growing CBD medical marijuana strains. A new state law goes into effect in November that allows the cultivation of low-THC cannabis. Two growers will be licensed, and application must be submitted within the next 30 days.

Montana

A medical marijuana program is in place.

Nebraska

Possession of 1 ounce or less of marijuana, first offense, has been decriminalized.

Nevada

A medical marijuana program is in place.

New Hampshire

A medical marijuana program is in place.

New Jersey

A medical marijuana program is in place.

New Mexico

A medical marijuana program is in place.

New York

Possession of 25 grams or less of marijuana, first and second offenses, has been decriminalized. In addition, the state recently approved legislation to establish a medical marijuana program.

North Carolina

There are currently no medical or recreational marijuana laws in place.

North Dakota

There are currently no medical or recreational marijuana laws in place.

Ohio

There are currently no medical or recreational marijuana laws in place.

Oklahoma

There are currently no medical or recreational marijuana laws in place.

Oregon

To vote on Measure 91 in the upcoming November election, which serves to establish a recreational marijuana market. Recent polls indicate that 52 percent of the voters are in support of the measure, while 41 percent are opposed. If the initiative passes, residents would be allowed to be in possession of up to eight ounces of marijuana, while cultivating up to four plants. Retail cannabis stores would be permitted to open to adults over the age of 21.

Judge Pat Wolke handed down a verdict last week stating that local governments are well within their rights to band dispensaries.

Pennsylvania

Senator Daylin Leach is calling for the Pennsylvania District Attorney’s Association to not prosecute offenses related to medical marijuana. “Given the likelihood that using lifesaving medical cannabis will not be a legal issue in Pennsylvania for much longer, I ask that you consider using your prosecutorial discretion,” wrote Sen. Daylin Leach.

The Senate recently approved the Compassionate Use of Medical Cannabis Act, but it failed to heard by the House. Leach is calling for the association to exercise an act of compassion and not prosecute anyone who demonstrates a medical reason for using the herb.

Rhode Island

Possession of one ounce or less of marijuana has been decriminalized. In addition, the state has a medical marijuana program in place.

South Carolina

There are currently no medical or recreational marijuana laws in place. A CBD bill was approved last year, which will allow the Medical University of South Carolina to study the medicinal benefits of the non-psychoactive strain.

South Dakota

There are currently no medical or recreational marijuana laws in place.

Tennessee

There are currently no medical or recreational marijuana laws in place.

Texas

There are currently no medical or recreational marijuana laws in place. However, the Marijuana Policy Project is developing several proposals for the state, ranging from decriminalization to the use of medical marijuana and full legalization. The group will pre-file three bills next month, which they hope will be heard during the next legislative session.

Utah

There are currently no medical or recreational marijuana laws in place.

Vermont

Possession of 1 ounce or less of marijuana has been decriminalized. In addition, the state also has a medical marijuana program in place.

Virginia

There are currently no medical or recreational marijuana laws in place.

Washington

A Legal Recreational Marijuana Market in Place. However, voters will decide on how marijuana is taxed in the upcoming election.

West Virginia

There are currently no medical or recreational marijuana laws in place.

Wisconsin

There are currently no medical or recreational marijuana laws in place.

Wyoming

There are currently no medical or recreational marijuana laws in place.

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