California

Status: Legal History: 1907: Cannabis criminalised 1996: Medical use legalised 2009: Full legalisation 2010: Decriminalisation Policy Framework: Must be 21-years-of-age or older to purchase, possess or consume cannabis; Driving under the influence of cannabis is prohibited; It is prohibited to consume cannabis in any form in public spaces; Illegal to consume cannabis in areas where smoking tobacco is prohibited; 15% excise tax on all cannabis purchasers; Possession of over an ounce of cannabis is a misdemeanour punishable by up to six months in prison and fines of up to $US500; Distribution or sale of cannabis without a license is a misdemeanour punishable by six months and a fine of $US500; Cultivation of more than six plants is a misdemeanour punishable by up to six months in prison and fines of up to $US500; From January 1, 2019, cannabis possession charges were expunged from criminal records; Cannabis suppliers must obtain a license before they are permitted to engage in cannabis-related commercial activity; Employees of any commercial cannabis business must be 21-years-of-age or older to handle cannabis goods; Cultivation tax of up to $US10 per ounce. Sources: Norml, California Cannabis Portal Outcomes: Legal market underperforms and does not meet estimates; The black market continues to flourish; The state of California raised $US317 million in tax revenue from marijuana products for the 2018/19 year; In 2018, the total market value of marijuana sales in California was worth $US2.5 billion; Regulatory compliance costs and taxes make legal cannabis too expensive to be competitive with the black market price; From 2005 to 2011, the percent of adults who reported using marijuana in the past year remained relatively unchanged (8.2% and 8.5%, respectively). Read more

1 December, 2019

Colorado

Status: Legal History: 1917: cannabis prohibited in Colorado 2000: Medical cannabis legalised (approval by a doctor, with a qualifying condition. Dispensary system with allowance for home cultivation) 2012: Recreational use legalised 2013: Sales began in September Policy Framework: Only people 21-years-of-age or older can possess, purchase or consume cannabis; Possession is limited to 1oz (28g) at a time per adult; Public use is illegal; Driving under the influence is illegal; Excise tax of 15% applies to all cannabis-containing products; Adults over 21 can give up to an ounce of cannabis to another adult but cannot sell it; Minor packaging requirements - resealable and not transparent, must have required symbol on the package; 10% sales tax applies to all cannabis-containing products on top of Colorado’s standard 2.9% sales tax; Only licensed retailers can sell cannabis; Possession of more than 1oz of cannabis is a petty offense (like a speeding ticket) punishable by a fine of up to $US100; Possession of more than 2oz (56g) of cannabis is a misdemeanour punishable by up to 18 months in prison and fines of up to $US5000; Possession of more than 12oz (340g) of cannabis is a felony punishable by up to two years in prison and fines of up to $US100,000; Unlicensed distribution with remuneration or more than 1oz is a misdemeanour punishable by up to 18 months in prison and fines of up to $US5000; Unlicensed distribution of more than 6oz (170g) is a felony punishable by up to 32 years in prison and fines of up to $US1,000,000; Cultivation of more than six plants is a felony punishable by up to six years in prison and fines of up to $US500,000; Sources: Norml, Colorado Department of Health and the Environment Outcomes: Youth marijuana use increased by 20% between 2013 and 2014, while usage among adults increased by 17% during the same period; According to the Department of Revenue, the Colorado marijuana tax brought in about $US302 million in 2019; Total cannabis sales across the state rose from $US699.2 million in 2014 to $US1.51 billion in 2017; Data from the Bureau of Economic Analysis shows Colorado's GDP increased by roughly $US41 billion since legalisation; Visits to emergency room related to cannabis increase; Car crash rate increase, but no increase in fatalities; $US1.55 billion in sales, 98% of which were purchased for recreational use; Rate of 12-17-year-olds using cannabis is the lowest it has been since 2008; The number of drivers involved in fatal crashes who were tested above the level of impairment limit decreased from 52 to 35; Organised crime rates have tripled in five years; Between 2005 and 2017, cannabis use disorder in people over the age of 12 increased from 1.7% to 2.3%. Read more

1 December, 2019

Connecticut

Status: Medical Only History: 2011 - Possession of small amounts of cannabis decriminalised 2012 - Medical cannabis legalised Policy Framework Possession of small amounts of recreational cannabis was decriminalised in 2011 to a $US150 fine for a first offence; Patients must have a qualifying condition in order to obtain medical cannabis; Patients may possess a month’s supply of medical cannabis, as prescribed by a doctor; Patients may not cultivate their own medical cannabis; Medical cannabis can only be obtained from a licensed dispensary; Estimated number of registered medical cannabis patients is 37,117, according to the Connecticut Department of Consumer Protection; Possession of less than ½ an ounce (14g) of cannabis is an infringement punishable by a fine of up to $US500; Possession of more than ½ an ounce of cannabis is a misdemeanour punishable by up to one year in prison and a fine of up to $US2000; Distribution or cultivation of cannabis is a felony punishable by up to 25 years in prison and fines of up to $US100,000. Source: Norml Outcomes: Since 2011, cannabis arrests have decreased significantly; Decriminalisation had no major effect on consumption rates; In 2018, sales of medical marijuana reached $US50 million; Between 2005 and 2017, cannabis use disorder in people over 12-years-old decreased from 2.1% to 2.0%. Read more

1 December, 2019

Delaware

Status: Medical use only History: 2011: Medical cannabis legalised 2015: Legal sales of medical cannabis begin 2015: Small amounts decriminalised (2020): Bill to legalise recreational cannabis to be voted on this year Policy Framework: Patients must obtain a state-issued card which costs $US125 and must be renewed annually, and must have a qualifying medical condition; The state has only one medical cannabis facility; Patients cannot cultivate their own cannabis; Patients cannot possess more than 6oz (170g) at a time; Illegal possession of under 1oz (28g) of cannabis was decriminalised to an infraction in 2015 (no criminal record or prison time - fine only); There are an estimated 6060 registered medical cannabis patients in Delaware, according to Delaware Health and Social Services; Possession of up to 6oz (175g) is a misdemeanour punishable by three months in prison and fines of up to $US575; Possession of more 6oz is a felony punishable by up to 25 years in prison. Fines are subject to the discretion of the court; Cultivation or sale is a felony punishable by up to 25 years in prison. Read more

1 December, 2019

Florida

Status: Medical only History: 2014: Failed amendment to legalise medical cannabis; 2016: Constitutional amendment legalising medical cannabis; 2017: Legal medical cannabis implementation bill. Policy Framework: Patients must have a qualifying condition to obtain medical cannabis legally; Patients can only obtain medical cannabis with a doctor’s recommendation; Patients must register with the medical cannabis programme; Patients cannot cultivate their own cannabis; Medical cannabis can only be obtained from a state-licensed dispensary; There are an estimated 323,506 registered medical cannabis patients according to the Florida Office of Medical Marijuana Use; Possession of fewer than 20g (0.7oz) of cannabis is a misdemeanour punishable by up to one year in prison and fines of up to $US1000; Possession of more than 20g of cannabis is a felony punishable by up to 30 years in prison and fines of up to $US200,000; Gifting less than 20g of cannabis is a misdemeanour punishable by up to a year in prison and fines of up to $US1000; Sale of cannabis is a felony punishable up to 30 years in prison and fines of up to $US200,000. Read more

1 December, 2019

Georgia

Status: Prohibited History: 2015: Low-THC (Tetrahydrocannabinol) medical cannabis oil legalised although cultivation and distribution of such a product was illegal; 2019: The state legalised cultivation and sale of low-THC medical cannabis oil; Policy Framework: Municipal decriminalisation: Atlanta, Savannah, and a few other cities have decriminalised possession of small amounts of cannabis; Possession of less than 1oz (28g) is a misdemeanour punishable by up to a year in prison and fines of up to $US1000; Possession of more than 1oz of cannabis is a felony punishable by up to 30 years in prison and fines of up to $US1,000,000; Sale or delivery of cannabis is a felony punishable by up to 40 years in prison and fines of up to $US1,000,000; Cultivation of cannabis is a felony punishable by up to 40 years in prison and fines of up to $US1,000,000. Source: Norml Outcomes: Between 2005 and 2017, cannabis use disorder in people over the age of 12 remained at 1.4%. Read more

1 December, 2019

Hawaii

Status: Medical only, recreational use decriminalised (new status) History: 2000 - Medical cannabis legalised (No legal way to obtain cannabis) 2015 - Dispensary system implemented 2017 - Medical cannabis sales start 2020 - Possession of small amounts of cannabis was decriminalised Policy Framework: Patients must be registered to obtain cannabis; Patients can only obtain cannabis with a doctor’s recommendation that cannabis will best treat their condition; There are 15 qualifying conditions; Hawaii has eight medical cannabis dispensaries; Patients can possess up to 4oz (113g) of medical cannabis between them and their primary caregiver; There are an estimated 26,125 registered medical cannabis patients in Hawaii according to the State of Hawaii, Department of Health; Possession of fewer than 3g (0.1oz) of cannabis is decriminalised to a violation (like a speeding ticket) punishable by a fine of $US130; Possession of less than 1lb (16oz) is a misdemeanour punishable by up to a year in prison and fines of up to $US2000; Possession of more than 1lb is a felony punishable by up to five years in prison and fines of up to $US10,000; Sale or delivery of less than 1oz (28g) of cannabis is a misdemeanour punishable by up to a year in prison and fines of up to $US2000; Sale or delivery of more than 1oz of cannabis is a felony punishable by up to 20 years in prison and fines of up to $US50,000; Cultivation of any amount of cannabis is a felony punishable by up to 20 years in prison and fines of up to $US50,000. Source: Norml Outcomes: Between 2005 and 2017, cannabis use disorder in people over the age of 12 decreased from 2.0% to 1.4%; In 2018, sales of medical marijuana reached $US17.2 million. Read more

1 December, 2019

Idaho

Status: Prohibited History: 1927: Idaho banned cannabis 2013: Idaho legislature made a statement about its opposition to cannabis legalisation 2012-2020: Failed medical cannabis legalisation attempts Policy Framework: Possession of 3oz (85g) or less is a misdemeanour punishable by up to a year in prison and a fine of up to $US1000; Possession of more than 3oz but less than 1lb (16oz) is a felony punishable by up to a $US10,000 fine and five years in prison; Possession of any amount with intent to sell is a felony punishable by up to five years in prison and up to a $US50,000 fine; Sale, delivery or cultivation of cannabis is a felony punishable by five years in prison and fines of up to $US50,000. Source: Norml Outcomes: Between 2005 and 2015, cannabis use disorder in people over the age of 12 decreased from 1.2% and 1.5%. Read more

1 December, 2019

Indiana

Status: Prohibited History: 2015: Failed attempts to legalise cannabis for medical use 2017: CBD legalised for epilepsy 2018: CBD legalised for any use Policy Framework: Possession of any amount is a misdemeanour punishable by 150 days in prison and a $US1000 fine; Possession of less than 30g (1oz) of cannabis and a prior drug conviction is a misdemeanour punishable by a year in prison and a fine of $US5000; Possession of 30g or more and a prior drug conviction is a felony punishable by up to 2.5 years in prison and a fine of $US10,000; Sale or cultivation of less than 30g is a misdemeanour punishable by a year in prison and a fine of $US5000; Sale or cultivation of any more than 30g is a felony punishable by up to 2.5 years in prison and fines of up to $US10,000. Source: Norml Outcomes: Between 2005 and 2017, cannabis use disorder in people over the age of 12 decreased from 1.8% to 1.1%. Read more

1 December, 2019

Massachusetts

Status: Legal History: 2008: Decriminalisation 2012: Medical cannabis legalised 2016: Recreational cannabis legalised (effective 2017) 2018: Commercial sales begin Policy Framework: Expungement: attached to legislation Must be at least 21-years-old to consumer, purchase and possess cannabis; Recreational users can possess up to 10oz (283g) in the homes at a time provided it is locked up; Can carry up to 1oz (28g) on their person at a time; An excise tax of 10.75% on all cannabis-containing products; Consumption of cannabis products in public is prohibited; Individuals above 21-years-of-age can grow up to six plants in their home, in a household with more than one adult, a maximum of only 12 plants is permitted per household; Driving under the influence of cannabis is illegal; Landlords are not permitted to prohibited cannabis consumption methods other than smoking; Cultivation at home is permitted - up to six plants; Distribution without a license to do so is punishable by up to 15 years in prison and fines of up to $US200,000. Outcomes: Between 2005 and 2017, cannabis use disorder in people over the age of 12 decreased from 2.4% to 2.3%; In a 2019 survey, the prevalence of self-reported driving under the influence was 34.3%. Read more

1 December, 2019

Alaska

Status: Legal History: 1975: Decriminalisation 1990: Recriminalisation 1998: Medical legalisation 2003: Recriminalisation struck down by court 2006: Recriminalisation 2014: Recreational legalisation Policy Framework: Consumers: Only people of 21 years of age or older can possess and use marijuana legally; Consumption of marijuana in public places is prohibited except in designated consumption-licensed cannabis stores; Driving under the influence of cannabis is illegal; Anyone over the age of 21 can possess up to six cannabis plants, three of which are allowed to be mature and flowering at a time; Anyone over the age of 21 can give away up to an ounce of cannabis to another adult (21+); Employers can have anti-cannabis policies; Taxation: mature buds have a flat tax rate of $US50 per ounce. Suppliers: Suppliers must have an updated license to sell cannabis; Criminal record limitations on the obtention of license; Both retailers and cultivation facilities must be licensed; Limits on quantity sold (AAC 306.355); Limitations on packaging and labels repealed; Outcomes: The percentage of high school students using marijuana changed little between 2007 (21%) and 2017 (22%). Read more

1 December, 2019

Louisiana

Status: Medical only History: 2015: Reduction of criminal penalties for possession of cannabis for recreational use 2015: Medical cannabis legalised 2019: Medical cannabis dispensaries start sales Policy Framework: Patients must have a qualifying condition and a recommendation from a doctor; Possession of recreational cannabis was decriminalised to a $US300 fine and/or 15 days in jail; Patients may possess a 30 day supply of medical cannabis in a non-smokable form as prescribed by their doctor; Nine medical cannabis distributing pharmacies are operational in Louisiana; Possession of less than 60lbs (960oz) of cannabis is punishable by up to 10 years in prison and fines of up to $US30,000; Possession of more than 60lbs of cannabis is a felony punishable by up to 40 years in prison and fines of up to $US1,000,000; Distribution or cultivation of cannabis (including possession with intent to distribute) is punishable by up to 90 years in prison and fines of up to $US200,000. Source: Norml Outcomes: Between 2005 and 2017, cannabis use disorder in people over the age of 12 decreased from 1.5% to 1.2%. Read more

1 December, 2019

Kansas

Status: Prohibited History: 2013-2015: Attempts to legalise medical cannabis fail Policy Framework: Possession of any amount less than 450g (15oz) is a misdemeanour punishable by a $US1000 fine and six months in prison; Possession of 450g or more is a felony punishable by 42 months in prison at a minimum and a fine of $US100,000; Sale or distribution of less than 25g (0.8oz) is a felony punishable by at least 51 months in prison and a fine of $US300,000; Cultivation or sale is punishable by up to 204 months in prison and a fine of up to $US500,000. Source: Norml Outcomes: Between 2005 and 2017, cannabis use disorder in people over the age of 12 decreased from 1.5% to 1.0%. Read more

1 December, 2019

Illinois

Status: Legal History: 2013 - Medical cannabis legalised 2016 - Possession of recreational cannabis decriminalised to a misdemeanour crime 2018 - Medical cannabis laws liberalised (patients to no longer undergo criminal background checks or be fingerprinted. More conditions were added to the qualifying conditions list in 2019) 2020 - Recreational cannabis legalised Policy Framework: Medical cannabis patients must have a qualifying condition to obtain medical cannabis legally (prior to recreational cannabis being legalised in 2020); Medical cannabis patients must have a recommendation from a doctor before they can obtain medical cannabis; Under the new legislation, over 700,000 residents of Illinois will be eligible for expungement of cannabis possession criminal records; “Social equity” dispensary license applicants can meet criteria to obtain a special license aimed to benefit historically disenfranchised communities; Individuals must be 21 years or older to purchase, possess, or consume cannabis; Only state-registered medical cannabis patients may grow their own cannabis at home with a limit of five plants per household; No consuming cannabis in a public place; There are currently 55 dispensaries in the state of Illinois; Possession limit of 30g (1oz) of cannabis flower; There are an estimated 39,808 registered medical cannabis patients in Illinois. Read more

1 December, 2019

Iowa

Status: Prohibited History: 1970 - 2015: Failed attempts at decriminalisation and deprioritisation 2014: Legalisation of CBD (Cannabidiol) oil (although no way of legally obtaining CBD oil in-state) Policy Framework: Possession of any amount is a misdemeanour, the punishment for which depends on prior possession offences. Possession for personal use is punishable by up to two years in prison and fines of up to $US6250; Distribution or cultivation is a felony punishable by up to 10 years in prison and fines of up to $US100,000. Read more

1 December, 2019

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