The legalization of marijuana in the United States

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Marijuana is a relatively commonly used substance in the U.S. According to government estimates, 22.2 million American citizens have used it in the past.

As of September 2021, marijuana is illegal under federal law in the United States. However, several states have passed their own laws allowing for the medical and/or recreational use of marijuana. These state-level policies have led to a patchwork of different laws and regulations across the country.

Medical marijuana legalization began in 1996 when California became the first state to allow the medical use of marijuana with the passage of Proposition 215. Since then, many other states have followed suit. As of September 2021, 36 states, along with the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands, have legalized medical marijuana in some form. The specific regulations and qualifying conditions vary by state.

The map below shows the legalization of marijuana in the United States (1995 – 2019)

Recreational marijuana legalization has gained momentum in recent years. In 2012, Colorado and Washington became the first two states to legalize recreational marijuana for adults aged 21 and older. Since then, several other states have joined them. As of September 2021, 18 states, along with the District of Columbia, have legalized recreational marijuana. These states include Alaska, Arizona, California, Colorado, Connecticut, Illinois, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey, New Mexico, New York, Oregon, South Dakota, Vermont, and Washington. It’s worth noting that the specifics of each state’s laws and regulations can differ significantly.

While state-level marijuana legalization has been progressing, the federal government’s stance has remained largely unchanged. Under federal law, marijuana is classified as a Schedule I controlled substance, which means it’s considered illegal and has no accepted medical use. However, there have been some developments at the federal level to address the conflict between state and federal laws.

In recent years, there has been a growing shift in public opinion regarding marijuana legalization. Many polls have shown that a majority of Americans support legalizing marijuana for both medical and recreational use. This changing attitude, coupled with the potential economic benefits and the recognition of the medical properties of marijuana, has led to increased discussions at the federal level regarding potential reforms.

In December 2020, the U.S. House of Representatives passed the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, which aimed to decriminalize marijuana at the federal level, expunge prior marijuana convictions, and address social equity issues related to marijuana prohibition. However, as of my knowledge cutoff, the MORE Act had not yet passed in the Senate.

The map below shows the legality of cannabis by state as of May 1, 2023.

Currently, 22 states, three U.S. territories, and D.C. have legalized the recreational use of cannabis, and another 9 states have decriminalized its use.