A Guide to Cannabis Laws for Dispensaries

Where Marijuana is Legal in the US and Canada, and Applicable Laws and Regulations for Dispensaries

Marijuana Legality by State

On May 21, 2024, the US Department of Justice (DOJ) announced its plan to reschedule cannabis from Schedule 1 to Schedule 3, putting it in the same category as anabolic steroids, ketamine, and testosterone.

The reclassification is not just great news for existing cannabis users and businesses but also for entrepreneurs who want to start their own cannabis business as federal reclassification would bring a massive way of regulatory and financial relief — aiding cannabis businesses to flourish.

If you have been out of the loop on the state of cannabis legality in the United States and Canada, this is the crash course for you. In this article, we’ll go over the legal status of marijuana in the states, provinces, and territories across the US and Canada with the help of comprehensive maps and visual aids.

Disclaimer: This page is meant to educate readers and spread awareness only — it has been fact-checked and is current as of June 25, 2024. It is not intended to be, nor should be considered legal advice. Given the evolving nature of cannabis regulations, legal advice of any nature should be sought from legal counsel.

State of Cannabis Legalization in the United States

The road to legalization began a decade ago when in 2012 Washington and Colorado became the first two US states to legalize cannabis. In the years since, an additional 24 legalized cannabis for recreational use and many more are currently in the process of getting there.

In fact, for the first time in history, more than half (54 percent) of American adults live in a state where cannabis is legalized

Today, this is what the legalization in the United States looks like:

Map of Cannabis Legalization in the United States


Cannabis Legality by State Map of the United States (by Cova)


As of June 2024, 24 of 50 states have legalized cannabis for recreational use and an additional 14 allow cannabis for medical use. An additional 7 states have yet to pass any bills legalizing cannabis and therefore, weed remains completely illegal — the remaining 5 states have implemented some form of CBD-related program that allows certain cannabis products to, almost always with low THC content.

The table below breaks down the legal status of cannabis on a state-by-state basis:

US State
Recreational Cannabis
Medicinal Cannabis
State Laws
Alabama
No
Yes
Alaska
Yes
Yes
Arizona
Yes
Yes
Arkansas
No
Yes
California
Yes
Yes
Colorado
Yes
Yes
Connecticut
Yes
Yes
Delaware
Yes
Yes
District of Columbia
Yes
Yes
Florida
No
Yes
Georgia
Mixed
Low THC/CBD Oil Only
Hawaii
No
Yes
Idaho
Fully Illegal
No
Illinois
Yes
Yes
Indiana
Mixed
Low THC/CBD Oil Only
Iowa
Low THC/CBD Oil Only
Low THC/CBD Oil Only
Kansas
No
No
Kentucky
From January 1, 2025
Taking Applications
Louisiana
No
Yes
Maine
Yes
Yes
Maryland
Yes
Yes
Massachusetts
Yes
Yes
Michigan
Yes
Yes
Minnesota
Yes
Yes
Mississippi
No
Yes
Missouri
Yes
Yes
Montana
Yes
Yes
Nebraska
No
N0
Nevada
Yes
Yes
New Hampshire
No
Yes
New Jersey
Yes
Yes
New Mexico
Yes
Yes
New York
Yes
Yes
North Carolina
No
No
North Dakota
No
Yes
Ohio
Yes
Yes
Oklahoma
No
Yes
Oregon
Yes
Yes
Pennsylvania
No
Yes
Rhode Island
Yes
Yes
South Carolina
No
No
South Dakota
No
Yes
Tennessee
Mixed
Low THC/CBD Oil Only
Texas
Mixed
Low THC/CBD Oil Only
Utah
No
Yes
Vermont
Yes
Yes
Virginia
Yes
Yes
Washington
Yes
Yes
West Virginia
No
Yes
Wisconsin
Mixed
Low THC/CBD Oil Only
Wyoming
No
No

Frequently Asked Questions about Legalization in the US

Where is marijuana legal in the United States?

Marijuana is legal in 24 states in the U.S., including: Alaska, Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Rhode Island, Vermont, Virginia, and Washington.

Where is medical marijuana legal in the United States?

The following US states have legalized the sale and consumption of medical cannabis only: Alabama, Arkansas, Florida, Hawaii, Louisiana, Mississippi, New Hampshire, North Dakota, Oklahoma, Pennsylvania, South Dakota, Utah and West Virginia.

Which states have limited CBD laws?

The following US states have limited CBD laws and specific requirements set by the state government which means they only allow the sale and consumption of certain CBD products like CBD oils and low THC content CBD. States with such laws include Texas, Iowa, Wisconsin, Tennessee, Kentucky, and Georgia.

Where is marijuana illegal in the United States?

The sale and consumption of cannabis (both recreational and medical) is completely illegal in the following states: Idaho, Indiana, Kansas, South Carolina, North Carolina, Nebraska, and Wyoming.

Which states are considering making marijuana legal?

Several US states are currently in the process of or in talks for legalizing cannabis. Most notably, Kentucky started accepting applications for medical cannabis dispensaries and has already passed the legislation that would make recreational cannabis fully legal by 2025.

Wisconsin is another state that is likely to fully legalize recreational cannabis in the coming years. In 2022, the state saw advisory referendums pass in several counties and municipalities.

Federal vs. State Cannabis Laws

One of the more complex aspects of cannabis legalization in the United States is how it differs at the federal and state levels. Crucially, state governments have the power to pass laws on the legal status of cannabis — 38 states have already done so with comprehensive state cannabis programs.

At the federal level, cannabis is, for the time being, illegal which creates several hurdles (most notably, banking restrictions and tax complications) for cannabis users and businesses, even in states where cannabis is fully legal.

Also Read: What Marijuana Rescheduling Means for the Cannabis Industry

State of Cannabis Legalization in Canada

After more than a century of prohibition, Canada passed the Cannabis Act in 2018 and became one of two countries to have a federal framework legalizing cannabis, the other being Uruguay.

However, despite cannabis being legal in the entire country, not every Canadian has access to the same facilities due to differences in how provincial governments choose to implement sale of cannabis. As of 2024, there are three main models of cannabis sales: government-run stores, private retailers, and a hybrid of both.

The following comprehensive map was created with the latest data and illustrates the differences in cannabis sales models and other key information.

Cannabis Legality by Province Map of Canada (by Cova)

As of January 2024, there were more than 3,600 legal recreational cannabis storefronts in Canada with hundreds of applications currently in review.

The table below breaks down the legal status of cannabis on a province by province basis:

Province
Sold by Private Retailers
Government-run Retail Locations
Online Sales
Cannabis Laws
Alberta
Yes
Yes
Privately-operated
British Columbia
Yes
Yes
Government-operated
Manitoba
Yes
No
Privately-operated
New Brunswick
Yes
Yes
Government-operated
Newfoundland and Labrador
Yes
No
Government-operated
Northwest Territories
Yes
No
Government-operated
Nova Scotia
No
Yes
Government-operated
Nunavut
Yes
No
Government-operated
Ontario
Yes
Yes
Government-operated
Prince Edward Island
No
Yes
Government-operated
Quebec
No
Yes
Government-operated
Saskatchewan
Yes
No
Privately-operated
Yukon
Yes
Yes
Privately-operated

Frequently Asked Questions about Legalization in Canada

Where is cannabis legal in Canada?

Cannabis is legal across all of Canada for adults aged 19 and over (18 in Alberta and Quebec) following the Cannabis Act of 2018. This applies to all provinces and territories: British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick, Nova Scotia, Prince Edward Island, Newfoundland and Labrador, Yukon, Northwest Territories, and Nunavut.

That said, provinces and territories set their own rules around how cannabis can be sold, where it can be used, and growing restrictions.

Which provinces in Canada allow private retailers to sell cannabis?

As of 2024, the following provinces and territories allow cannabis to be sold by private retailers: Alberta, British Columbia, Manitoba, Newfoundland and Labrador, Northwest Territories, Nunavut, Ontario, Saskatchewan, and Yukon.

Which provinces only allow cannabis sales through government-run stores?

Currently, Quebec, Nova Scotia, and Prince Edward Island do not allow private cannabis retailers and cannabis can only be purchased from government-run stores.

Which provinces allow cannabis to be purchased online?

The following provinces and territories have government-operated online sales portals: British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, and Quebec.

Alberta, Manitoba, Saskatchewan, and Yukon allow private retailers to sell cannabis online.

Which provinces permit home cultivation of cannabis?

All provinces and territories allow home cultivation except for Quebec. Additionally, Manitoba only allows home cultivation with a medical license.

Future Outlook For Cannabis Businesses

The first restrictions on cannabis plants were put in place over a century ago in 1906. 64 years later, in 1970 cannabis was federally outlawed. More than a century later, we’ve finally begun to undo the damage in the United States. Marijuana may still be illegal under federal law (for now), but the fact is, most Americans live in a state that has legalized cannabis with 50% of Americans having tried Cannabis at some point.

In a similar turn of events, Canada too introduced a federal legal framework to legalize cannabis across the entire country. In the five years since, Canada has taken numerous steps to reduce red tape, encourage private retail, and create a welcoming cannabis market for new businesses.

If you’re an existing cannabis business or one that’s about to start, you have all the reasons to up your retail game — starting with providing a seamless and reliable shopping experience.

With over two decades of experience working with countless cannabis dispensary owners across North America, Cova dispensary POS systems offer secure, fast, and compliant payment processing for cannabis businesses.

Schedule your COVA Software Dispensary POS Demo today. Our team of experts will help you understand the capabilities of our award-winning POS system and how it can meet (and exceed) your business’s unique needs.

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