Cannabis Policy Topics

Recreational Use of Cannabis: Volume 1

Laws legalizing the cultivation, sale, or use of cannabis for other than medical purposes, together with laws imposing various prohibitions and restrictions on such practices.

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Changes Over Time for Recreational Use of Cannabis: Volume 1
1.
Jurisdiction
2.
Date Range
3.
Recreational
Use Legalized
4.
Regulatory
Agency
5.
Products
Permitted
6.
Cultivation
Restrictions
Retail Sales 9.
Pricing Controls
Imposed
10.
Tax Imposed
11.
Underage
Prohibitions
12.
Impaired Driving
Prohibitions
13.
Local
Authority
14.
Citations
7.
On-Premises
8.
Off-Premises
Alaska (170)

Regulatory Agency:

The Marijuana Control Board is established in the Department of Commerce, Community, and Economic Development as a regulatory and quasi-judicial agency. The board is in the Department of Commerce, Community, and Economic Development for administrative purposes only.

Cultivation Restrictions:

A "limited marijuana cultivation facility license" is restricted to <500 sq ft under cultivation, but a "standard marijuana cultivation facility license" has no upper limit. See Alaska Admin. Code tit. 3, § 306.410.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on February 24, 2015, by 2014 Alaska Ballot Measure No. 2. However, retail sales did not begin in Alaska until October 29, 2016, according to news reports. See, e.g., "Alaska Shop Set to Offer State's First Legal Marijuana Sales." Fortune. October 29, 2016. Retrieved on 12/14/2017 from http://fortune.com/2016/10/29/alaska-legal-marijuana-sales/ .

Price Controls:

A licensed retail marijuana store may not offer to a consumer free marijuana or marijuana product, including a sample, and beginning April 11, 2019, may not sell an unlimited amount during a set period of time for a fixed price, or sell at a price less than the price regularly charged during that week, or at prices less than those charged the general public on that day.

Tax Imposed:

There is no general state sales tax in Alaska.

Local Authority:

Local governments may enact ordinances or regulations limiting the number of marijuana establishment operations. The state board is required to solicit and consider input as to a local government's preferences if the number of applicants seeking state licenses exceeds the number established by a local government. See Alaska Stat. §§ 17.38.200, 17.38.210. A licensed retailer may, with prior approval of the board, permit consumption of marijuana or a marijuana product purchased on the licensed premises, in a designated area on the licensed premises. See Alaska Admin. Code tit. 3, §§ 306.305, 306.310. 

1/1/2019 - 1/1/2021Yes

Marijuana Control Board

Herbal; Edibles & Infused Products; Tinctures; Concentrates

<500 sq ft for “limited” licenses (see note)

Yes – License RequiredYes – License RequiredYes

$50 per oz. mature bud, $25 per oz. immature bud, $25 per oz. abnormal bud, $15 per oz. remainder of plant, and clones $1 per plant (producer-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - THC limit and evidentiary standard not specified

Youth: No specific prohibition

Both18 Citations
Alaska (21)

Regulatory Agency:

The Marijuana Control Board is established in the Department of Commerce, Community, and Economic Development as a regulatory and quasi-judicial agency. The board is in the Department of Commerce, Community, and Economic Development for administrative purposes only.

Cultivation Restrictions:

A "limited marijuana cultivation facility license" is restricted to <500 sq ft under cultivation, but a "standard marijuana cultivation facility license" has no upper limit. See Alaska Admin. Code tit. 3, § 306.410.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on February 24, 2015, by 2014 Alaska Ballot Measure No. 2. However, retail sales did not begin in Alaska until October 29, 2016, according to news reports. See, e.g., "Alaska Shop Set to Offer State's First Legal Marijuana Sales." Fortune. October 29, 2016. Retrieved on 12/14/2017 from http://fortune.com/2016/10/29/alaska-legal-marijuana-sales/ .

Price Controls:

A licensed retail marijuana store may not offer to a consumer free marijuana or marijuana product, including a sample.

Tax Imposed:

There is no general state sales tax in Alaska.

Local Authority:

Local governments may enact ordinances or regulations limiting the number of marijuana establishment operations. The state board is required to solicit and consider input as to a local government's preferences if the number of applicants seeking state licenses exceeds the number established by a local government. See Alaska Stat. §§ 17.38.200, 17.38.210. A licensed retailer may, with prior approval of the board, permit consumption of marijuana or a marijuana product purchased on the licensed premises, in a designated area on the licensed premises. See Alaska Admin. Code tit. 3, §§ 306.305, 306.310. 

5/28/2016 - 12/31/2018Yes

Marijuana Control Board

Herbal; Edibles & Infused Products; Tinctures; Concentrates

<500 sq ft for “limited” licenses (see note)

Yes – License RequiredYes – License RequiredYes

$50 per oz. any part of bud/flower, $15 per oz. remainder of plant (producer-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - THC limit and evidentiary standard not specified

Youth: No specific prohibition

Both15 Citations
Alaska (20)

Regulatory Agency:

The Marijuana Control Board is established in the Department of Commerce, Community, and Economic Development as a regulatory and quasi-judicial agency. The board is in the Department of Commerce, Community, and Economic Development for administrative purposes only.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on February 24, 2015, by 2014 Alaska Ballot Measure No. 2. However, retail sales did not begin in Alaska until October 29, 2016, according to news reports. See, e.g., "Alaska Shop Set to Offer State's First Legal Marijuana Sales." Fortune. October 29, 2016. Retrieved on 12/14/2017 from http://fortune.com/2016/10/29/alaska-legal-marijuana-sales/ .

Price Controls:

A licensed retail marijuana store may not offer to a consumer free marijuana or marijuana product, including a sample.

Tax Imposed:

There is no general state sales tax in Alaska.

Local Authority:

Local governments may enact ordinances or regulations limiting the number of marijuana establishment operations. The state board is required to solicit and consider input as to a local government's preferences if the number of applicants seeking state licenses exceeds the number established by a local government. See Alaska Stat. §§ 17.38.200, 17.38.210. A licensed retailer may, with prior approval of the board, permit consumption of marijuana or a marijuana product purchased on the licensed premises, in a designated area on the licensed premises. See Alaska Admin. Code tit. 3, §§ 306.305, 306.310. 

2/21/2016 - 5/27/2016Yes

Marijuana Control Board

Herbal; Edibles & Infused Products; Tinctures; ConcentratesYes – License RequiredYes – License RequiredYes

$50 per oz. (producer-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - THC limit and evidentiary standard not specified

Youth: No specific prohibition

Both14 Citations
Alaska (11)

Regulatory Agency:

The Marijuana Control Board is established in the Department of Commerce, Community, and Economic Development as a regulatory and quasi-judicial agency. The board is in the Department of Commerce, Community, and Economic Development for administrative purposes only.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on February 24, 2015, by 2014 Alaska Ballot Measure No. 2. However, retail sales did not begin in Alaska until October 29, 2016, according to news reports. See, e.g., "Alaska Shop Set to Offer State's First Legal Marijuana Sales." Fortune. October 29, 2016. Retrieved on 12/14/2017 from http://fortune.com/2016/10/29/alaska-legal-marijuana-sales/ .

Tax Imposed:

There is no general state sales tax in Alaska.

Local Authority:

Local governments may enact ordinances or regulations limiting the number of marijuana establishment operations. The state board is required to solicit and consider input as to a local government's preferences if the number of applicants seeking state licenses exceeds the number established by a local government. See Alaska Stat. §§ 17.38.200, 17.38.210. 

5/5/2015 - 2/20/2016Yes

Marijuana Control Board

Herbal; Edibles & Infused Products; Tinctures; ConcentratesNoYes – License Required 

$50 per oz. (producer-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - THC limit and evidentiary standard not specified

Youth: No specific prohibition

Both11 Citations
Alaska (1)

Retail Sales:

The creation of a licensing system governing retail sales was mandated on February 24, 2015, by 2014 Alaska Ballot Measure No. 2. However, retail sales did not begin in Alaska until October 29, 2016, according to news reports. See, e.g., "Alaska Shop Set to Offer State's First Legal Marijuana Sales." Fortune. October 29, 2016. Retrieved on 12/14/2017 from http://fortune.com/2016/10/29/alaska-legal-marijuana-sales/ .

Tax Imposed:

There is no general state sales tax in Alaska.

Local Authority:

Local governments may enact ordinances or regulations limiting the number of marijuana establishment operations. The state board is required to solicit and consider input as to a local government's preferences if the number of applicants seeking state licenses exceeds the number established by a local government. See Alaska Stat. §§ 17.38.200, 17.38.210. 

2/24/2015 - 5/4/2015Yes

Alcoholic Beverage Control Board

Herbal; Edibles & Infused Products; Tinctures; ConcentratesNoYes – License Required 

$50 per oz. (producer-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - THC limit and evidentiary standard not specified

Youth: No specific prohibition

Both11 Citations
Alaska (6)
1/1/2012 - 2/23/2015  
Arizona (38)

Retail Sales:

The creation of a licensing system governing retail sales was passed by the voters of the state of Arizona on November 3, 2020, and became law on that date. However, retail sales did not begin until January 22, 2021, according to news reports. See e.g., "Recreational marijuana sales kick off in Arizona less than three months after voters pass ballot measure" mjbizdaily.com January 22, 2021. Retrieved on March 29, 2021 from https://mjbizdaily.com/recreational-marijuana-sales-begin-in-arizona/

The Department is authorized to accept licenses from early applicants between 1/19/2021 and 3/9/2021. Early applicants include previously licensed nonprofit medial marijuana establishments and entities applying to operate in a county where two or fewer nonprofit medical marijuana establishments exist. After issuing licenses to qualified Early Applicants and to the applicants who qualify under the Social Equity Ownership Program, the Department may not issue more than one Marijuana Establishment License for every 10 registered pharmacies.

Tax Imposed: Marijuana and marijuana products are tangible personal property subject to the 5.6% transaction privilege tax (i.e., sales tax - retail-level).

11/30/2020 - 1/1/2021Yes

Department of Health Services; Department of Revenue

Herbal; Edibles & Infused Products; Tinctures; ConcentratesNoYes – License Required 

16% cannabis excise tax (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - THC limit and evidentiary standard not specified

Youth: No specific prohibition

Both14 Citations
Arizona (209)
1/1/2020 - 11/29/2020  
California (183)

Cultivation Restrictions:

Three types of cultivation licenses may not be issued before January 1, 2023. For further detail, see Cal. Bus. & Prof. Code §§ 19332 (repealed on June 27, 2017) and 26061.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on November 9, 2016, by Cal. Initiative Measure Prop. 64 (2016). However, licensing authorities were not required to begin issuing licenses in California until January 1, 2018, according to Cal. Bus. & Prof. Code § 26012(c). State law authorizes localities to allow on-premises consumption if certain conditions are met.

Pricing Controls Imposed:

No licensee shall give away any amount of marijuana or marijuana products. No sales below cost.

Tax Imposed:

General sales tax (7.25 percent) applies.

1/1/2020 - 1/1/2021Yes

Bureau of Cannabis Control; Department of Consumer Affairs; Department of Food and Agriculture; Department of Public Health

Herbal; Edibles & Infused Products; Tinctures; Concentrates

14 license types, with cultivation limits ranging from <= 500 sq ft to 43,560 sq ft (1 acre)

NoYes – License RequiredYes

$9.65 per oz. flowers; $2.87 per oz. leaves; $1.35 per oz. fresh cannabis plant (producer-level); 15% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: No specific prohibition

Youth: No specific prohibition

Both26 Citations
California (171)

Cultivation Restrictions:

Three types of cultivation licenses may not be issued before January 1, 2023. For further detail, see Cal. Bus. & Prof. Code §§ 19332 (repealed on June 27, 2017) and 26061.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on November 9, 2016, by Cal. Initiative Measure Prop. 64 (2016). However, licensing authorities were not required to begin issuing licenses in California until January 1, 2018, according to Cal. Bus. & Prof. Code § 26012(c). State law authorizes localities to allow on-premises consumption if certain conditions are met.

Pricing Controls Imposed:

No licensee shall give away any amount of marijuana or marijuana products. No sales below cost.

Tax Imposed:

General sales tax (7.25 percent) applies.

1/1/2018 - 12/31/2019Yes

Bureau of Cannabis Control; Department of Consumer Affairs; Department of Food and Agriculture; Department of Public Health

Herbal; Edibles & Infused Products; Tinctures; Concentrates

14 license types, with cultivation limits ranging from <= 500 sq ft to 43,560 sq ft (1 acre)

NoYes – License RequiredYes

$9.25 per oz. flowers; $2.75 per oz. leaves; $1.29 per oz. fresh cannabis plant (producer-level); 15% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: No specific prohibition

Youth: No specific prohibition

Both26 Citations
California (28)

Cultivation Restrictions:

Three types of cultivation licenses may not be issued before January 1, 2023. For further detail, see Cal. Bus. & Prof. Code §§ 19332 (repealed on June 27, 2017) and 26061.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on November 9, 2016, by Cal. Initiative Measure Prop. 64 (2016). However, licensing authorities were not required to begin issuing licenses in California until January 1, 2018, according to Cal. Bus. & Prof. Code § 26012(c). State law authorizes localities to allow on-premises consumption if certain conditions are met.

Pricing Controls Imposed:

No licensee shall give away any amount of marijuana or marijuana products. No sales below cost.

Tax Imposed:

General sales tax (7.25 percent) applies.

12/7/2017 - 12/31/2017Yes

Bureau of Cannabis Control; Department of Consumer Affairs; Department of Food and Agriculture; Department of Public Health

Herbal; Edibles & Infused Products; Tinctures; Concentrates

14 license types, with cultivation limits ranging from <= 500 sq ft to 43,560 sq ft (1 acre)

NoYes – License RequiredYes

$9.25 per oz. flowers; $2.75 per oz. leaves (producer-level); 15% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: No specific prohibition

Youth: No specific prohibition

Both25 Citations
California (27)

Regulatory Agency:

When Proposition 64 was passed the regulatory agency charged with regulating cannabis was called the Bureau of Marijuana Control. On June 27, 2017, the agency's name was changed to Bureau of Cannabis Control.

Cultivation Restrictions:

Three types of cultivation licenses may not be issued before January 1, 2023. For further detail, see Cal. Bus. & Prof. Code §§ 19332 (repealed on June 27, 2017) and 26061.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on November 9, 2016, by Cal. Initiative Measure Prop. 64 (2016). However, licensing authorities were not required to begin issuing licenses in California until January 1, 2018, according to Cal. Bus. & Prof. Code § 26012(c). State law authorizes localities to allow on-premises consumption if certain conditions are met.

Pricing Controls Imposed:

No licensee shall give away any amount of marijuana or marijuana products. No sales below cost.

Tax Imposed:

General sales tax (7.25 percent) applies.

6/27/2017 - 12/6/2017Yes

Bureau of Cannabis Control; Department of Consumer Affairs; Department of Food and Agriculture; Department of Public Health

Herbal; Edibles & Infused Products; Concentrates

14 license types, with cultivation limits ranging from <= 500 sq ft to 43,560 sq ft (1 acre)

NoYes – License RequiredYes

$9.25 per oz. flowers; $2.75 per oz. leaves (producer-level); 15% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: No specific prohibition

Youth: No specific prohibition

Both25 Citations
California (22)

Regulatory Agency:

When Proposition 64 was passed the regulatory agency charged with regulating cannabis was called the Bureau of Marijuana Control. On June 27, 2017, the agency's name was changed to Bureau of Cannabis Control.

Cultivation Restrictions:

Three types of cultivation licenses may not be issued before January 1, 2023. For further detail, see Cal. Bus. & Prof. Code §§ 19332 (repealed on June 27, 2017) and 26061.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on November 9, 2016, by Cal. Initiative Measure Prop. 64 (2016). However, licensing authorities were not required to begin issuing licenses in California until January 1, 2018, according to Cal. Bus. & Prof. Code § 26012(c). State law authorizes localities to allow on-premises consumption if certain conditions are met.

Pricing Controls Imposed:

No licensee shall give away any amount of marijuana or marijuana products. No sales below cost.

Tax Imposed:

General sales tax (7.5 percent) applies. Effective January 1, 2017, the general sales tax decreased to 7.25%.

11/9/2016 - 6/26/2017Yes

Bureau of Marijuana Control; Department of Consumer Affairs; Department of Food and Agriculture; Department of Public Health

Herbal; Edibles & Infused Products; Concentrates

13 license types, with cultivation limits ranging from <= 5,000 sq ft to 43,560 sq ft (1 acre)

NoYes – License RequiredYes

$9.25 per oz. flowers; $2.75 per oz. leaves (producer-level); 15% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: No specific prohibition

Youth: No specific prohibition

Both25 Citations
California (39)
1/1/2012 - 11/8/2016  
Colorado (196)

Products Permitted:

The size of a standardized serving of marijuana shall be no more than 10 mg of active THC. No individual edible retail marijuana product unit for sale shall contain more than 100 mg of active THC.

Retail Sales:

Local jurisdictions may enact ordinances or regulations governing the number of retail marijuana establishments. See Colo. Const. Art. 18 § 16.

Pricing Controls Imposed:

A retail marijuana store may not give away retail marijuana or retail marijuana product to a consumer for any reason.

Tax Imposed:

Effective July 1, 2017, general sales tax (2.9 percent) does not apply.

1/1/2021 - 1/1/2021Yes

Marijuana Enforcement Division, Department of Revenue

Herbal; Edibles & Infused Products; Tinctures; Concentrates

5 tiers of licenses, no cap on max plant count.

Yes – License RequiredYes – License RequiredYes

15% of sales (producer-level); 15% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - 5 ng/mL limit (not per se)

Youth: No specific prohibition

Both33 Citations
Colorado (194)

Products Permitted:

The size of a standardized serving of marijuana shall be no more than 10 mg of active THC. No individual edible retail marijuana product unit for sale shall contain more than 100 mg of active THC.

Cultivation Restrictions:

Retail cultivation facility licenses issued on or after November 30, 2015 are limited to 1,800 plants. Licenses issued before November 30, 2015 can cultivate the same as previously authorized. Licensees can apply to expand production, if certain criteria are met. For every three cultivation facility licenses in which a person has an interest, that person must have a controlling interest in at least one retail marijuana store.

Retail Sales:

Local jurisdictions may enact ordinances or regulations governing the number of retail marijuana establishments. See Colo. Const. Art. 18 § 16.

Pricing Controls Imposed:

A retail marijuana store may not give away retail marijuana or retail marijuana product to a consumer for any reason.

Tax Imposed:

Effective July 1, 2017, general sales tax (2.9 percent) does not apply.

1/1/2020 - 12/31/2020Yes

Marijuana Enforcement Division, Department of Revenue

Herbal; Edibles & Infused Products; Tinctures; Concentrates

1,800 plants

Yes – License RequiredYes – License RequiredYes

15% of sales (producer-level); 15% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - 5 ng/mL limit (not per se)

Youth: No specific prohibition

Both33 Citations
Colorado (29)

Products Permitted:

The size of a standardized serving of marijuana shall be no more than 10 mg of active THC. No individual edible retail marijuana product unit for sale shall contain more than 100 mg of active THC.

Cultivation Restrictions:

Retail cultivation facility licenses issued on or after November 30, 2015 are limited to 1,800 plants. Licenses issued before November 30, 2015 can cultivate the same as previously authorized. Licensees can apply to expand production, if certain criteria are met. For every three cultivation facility licenses in which a person has an interest, that person must have a controlling interest in at least one retail marijuana store.

Retail Sales:

Local jurisdictions may enact ordinances or regulations governing the number of retail marijuana establishments. When the state licensing authority receives an application for original or renewal licensing for any marijuana establishment, the state licensing authority is to provide a copy of the application to the local jurisdiction in which the establishment is to be located unless the local jurisdiction has prohibited the operation of retail marijuana establishments. The local jurisdiction is to determine and inform the state licensing authority whether the application complies with local restrictions on the number of marijuana businesses, and is to notify the state licensing authority that it either approves or denies each application forwarded to it. See Colo. Const. Art. 18 § 16; Colo. Rev. Stat. §§ 12-43.4-104, 12-43.4-301.

Pricing Controls Imposed:

A retail marijuana store may not give away retail marijuana or retail marijuana product to a consumer for any reason.

Tax Imposed:

Effective July 1, 2017, general sales tax (2.9 percent) does not apply.

7/1/2017 - 12/31/2019Yes

Marijuana Enforcement Division, Department of Revenue

Herbal; Edibles & Infused Products; Tinctures; Concentrates

1,800 plants

NoYes – License RequiredYes

15% of sales (producer-level); 15% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - 5 ng/mL limit (not per se)

Youth: No specific prohibition

Both27 Citations
Colorado (14)

Products Permitted:

The size of a standardized serving of marijuana shall be no more than 10 mg of active THC. No individual edible retail marijuana product unit for sale shall contain more than 100 mg of active THC.

Cultivation Restrictions:

Retail cultivation facility licenses issued on or after November 30, 2015 are limited to 1,800 plants. Licenses issued before November 30, 2015 can cultivate the same as previously authorized. Licensees can apply to expand production, if certain criteria are met. For every three cultivation facility licenses in which a person has an interest, that person must have a controlling interest in at least one retail marijuana store.

Retail Sales:

Local jurisdictions may enact ordinances or regulations governing the number of retail marijuana establishments. When the state licensing authority receives an application for original or renewal licensing for any marijuana establishment, the state licensing authority is to provide a copy of the application to the local jurisdiction in which the establishment is to be located unless the local jurisdiction has prohibited the operation of retail marijuana establishments. The local jurisdiction is to determine and inform the state licensing authority whether the application complies with local restrictions on the number of marijuana businesses, and is to notify the state licensing authority that it either approves or denies each application forwarded to it. See Colo. Const. Art. 18 § 16; Colo. Rev. Stat. §§ 12-43.4-104, 12-43.4-301.

Pricing Controls Imposed:

A retail marijuana store may not give away retail marijuana or retail marijuana product to a consumer for any reason.

Tax Imposed:

General sales tax (2.9 percent) applies.

11/30/2015 - 6/30/2017Yes

Marijuana Enforcement Division, Department of Revenue

Herbal; Edibles & Infused Products; Tinctures; Concentrates

1,800 plants

NoYes – License RequiredYes

15% of sales (producer-level); 10% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - 5 ng/mL limit (not per se)

Youth: No specific prohibition

Both23 Citations
Colorado (13)

Products Permitted:

The size of a standardized serving of marijuana shall be no more than 10 mg of active THC. No individual edible retail marijuana product unit for sale shall contain more than 100 mg of active THC.

Cultivation Restrictions:

Retail cultivation facility licenses issued on or after September 30, 2014 are limited to 3,600 plants. Licenses issued before September 30, 2014 can cultivate the same as previously authorized. (Prior to September 30, 2014, cultivation restrictions were set by the limits applicable to the type of medical marijuana license held by the applicant.) Licensees can apply to expand production, if certain criteria are met. For every three cultivation facility licenses in which a person has an interest, that person must have a controlling interest in at least one retail marijuana store.

Retail Sales:

Local jurisdictions may enact ordinances or regulations governing the number of retail marijuana establishments. When the state licensing authority receives an application for original or renewal licensing for any marijuana establishment, the state licensing authority is to provide a copy of the application to the local jurisdiction in which the establishment is to be located unless the local jurisdiction has prohibited the operation of retail marijuana establishments. The local jurisdiction is to determine and inform the state licensing authority whether the application complies with local restrictions on the number of marijuana businesses, and is to notify the state licensing authority that it either approves or denies each application forwarded to it. See Colo. Const. Art. 18 § 16; Colo. Rev. Stat. §§ 12-43.4-104, 12-43.4-301.

Pricing Controls Imposed:

A retail marijuana store may not give away retail marijuana or retail marijuana product to a consumer for any reason.

Tax Imposed:

General sales tax (2.9 percent) applies.

9/30/2014 - 11/29/2015Yes

Marijuana Enforcement Division, Department of Revenue

Herbal; Edibles & Infused Products; Tinctures; Concentrates

3,600 plants

NoYes – License RequiredYes

15% of sales (producer-level); 10% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - 5 ng/mL limit (not per se)

Youth: No specific prohibition

Both17 Citations
Colorado (19)

Retail Sales:

The creation of a licensing system governing retail sales was mandated on December 10, 2012, by 2012 Colo. Legis. Serv. Init. Pet. 30. However, retail sales did not begin in Colorado until January 1, 2014. See Colorado Department of Public Safety. Marijuana Legalization in Colorado: Early Findings, A Report Pursuant to Senate Bill 13-283. March 2016, p. 17. Retrieved on 12/14/2017 from https://cdpsdocs.state.co.us/ors/docs/reports/2016-SB13-283-Rpt.pdf .

Pricing Controls Imposed:

A retail marijuana store may not give away retail marijuana or retail marijuana product to a consumer for any reason.

Tax Imposed:

General sales tax (2.9 percent) applies.

10/15/2013 - 9/29/2014Yes

Marijuana Enforcement Division, Department of Revenue

Herbal; Edibles & Infused Products; Tinctures; ConcentratesNoYes – License RequiredYes

15% of sales (producer-level); 10% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - 5 ng/mL limit (not per se)

Youth: No specific prohibition

Both9 Citations
Colorado (12)

Retail Sales:

The creation of a licensing system governing retail sales was mandated on December 10, 2012, by 2012 Colo. Legis. Serv. Init. Pet. 30. However, retail sales did not begin in Colorado until January 1, 2014. See Colorado Department of Public Safety. Marijuana Legalization in Colorado: Early Findings, A Report Pursuant to Senate Bill 13-283. March 2016, p. 17. Retrieved on 12/14/2017 from https://cdpsdocs.state.co.us/ors/docs/reports/2016-SB13-283-Rpt.pdf . Tax Imposed: General sales tax (2.9 percent) applies.

5/28/2013 - 10/14/2013Yes

Marijuana Enforcement Division, Department of Revenue

Herbal; Edibles & Infused Products; Tinctures; ConcentratesNoYes – License Required 

15% of sales (producer-level); 10% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - 5 ng/mL limit (not per se)

Youth: No specific prohibition

Both8 Citations
Colorado (2)

Retail Sales:

The creation of a licensing system governing retail sales was mandated on December 10, 2012, by 2012 Colo. Legis. Serv. Init. Pet. 30. However, retail sales did not begin in Colorado until January 1, 2014. See Colorado Department of Public Safety. Marijuana Legalization in Colorado: Early Findings, A Report Pursuant to Senate Bill 13-283. March 2016, p. 17. Retrieved on 12/14/2017 from https://cdpsdocs.state.co.us/ors/docs/reports/2016-SB13-283-Rpt.pdf .

12/10/2012 - 5/27/2013Yes

Department of Revenue

Herbal; Edibles & Infused Products; Tinctures; ConcentratesNoYes – License Required 

15% of sales (producer-level)

Possession; Consumption; Furnishing

Adult: Prohibited - THC limit and evidentiary standard not specified

Youth: No specific prohibition

Both4 Citations
Colorado (7)
1/1/2012 - 12/9/2012  
District of Columbia (3)

Retail sales of cannabis are not authorized in the District of Columbia.

2/26/2015 - 1/1/2021YesHerbalNoNo Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - THC limit and evidentiary standard not specified

Youth: No specific prohibition

10 Citations
District of Columbia (41)
1/1/2012 - 2/25/2015  
Illinois (172)

Products Permitted:

Each cannabis-infused product must be individually packaged and not include more than 100 milligrams of THC. 

Cultivation Restrictions:

See 410 Ill. Comp. Stat. 705/1-10; 410 Ill. Comp. Stat. 705/20-30 (k); Ill. Admin. Code tit. 8, § 1300.10; and Ill. Admin. Code tit. 8, § 1300.170 (j)(12).

Retail Sales:

On May 31, 2019, the Illinois General Assembly passed the Cannabis Regulation and Tax Act, legalizing the recreational use of cannabis. The Act was signed into law by the Governor on June 25, 2019. Retail sales began in Illinois on January 1, 2020, according to news reports. See, e.g., "Long waits and some sticker shock, but Illinois recreational marijuana market launches with a roar, nearly $3.2M in sales." MJBizDaily. January 2, 2020. Retrieved on 6/10/2021 from https://mjbizdaily.com/illinois-recreational-marijuana-sales-launch-roar... .  State law authorizes localities to allow on-premises consumption. 410 Ill. Comp. Stat. 705/55-25. State law prohibits the Department from issuing more than 500 Adult Use Dispensing Organization Licenses. 410 Ill. Comp. Stat. 705/15-35.

Pricing Controls Imposed:

No cannabis business establishment shall give away any amount of marijuana or marijuana products. A dispensing organization shall not sell cannabis, cannabis concentrate, or cannabis-infused products in combination or bundled with each other or any other items for one price.

Tax Imposed:

Adult use cannabis is subject to the 6.25% State Retailers' Occupation Tax.

6/25/2019 - 1/1/2021Yes

Department of Agriculture; Department of Commerce and Economic Opportunity; Department of State Police; Department of Financial and Professional Regulation; Department of Revenue; Office of the Treasurer

Herbal; Edibles & Infused Products; Tinctures; Concentrates

Cultivation Centers <= 210,000 sq ft; Craft Grower licenses <= 5,000 sq ft, which can be increased to 14,000 sq ft by Department rule

NoYes – License RequiredYes

7% of gross receipts (producer-level); 10% for products with 35% THC level or less, 25% for products with more than a 35% THC level, and 20% for cannabis infused products (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - 5 ng/mL limit (per se) blood; 10 ng/mL limit (per se) other bodily substance

Youth: No specific prohibition

Both34 Citations
Illinois (48)
1/1/2012 - 6/24/2019  
Maine (168)

Products Permitted:

A marijuana store or nursery cultivation facility must not sell an edible marijuana product that exceeds 10 mg of THC per serving and 100 mg of THC in the total product.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on January 30, 2017. However, retail sales did not begin in Maine until October 9, 2020, according to news reports. See, e.g., "Maine launches recreational cannabis market amid supply setbacks, pandemic." Marijuana Business Daily. October 9, 2020. Retrieved on 4/15/2021 from https://mjbizdaily.com/maine-launches-recreational-cannabis-market-amid-... . Marijuana store licenses are limited to 4 per applicant or interested party. See Me. Rev. Stat. Ann. tit. 28-B, § 205.

Pricing Controls Imposed: 

A marijuana store, cultivation facility, or products manufacturing facility may not give away adult use marijuana, adult use marijuana products or marijuana plants or sell or give away mature marijuana plants. A store or cultivation facility may not discount marijuana or a marijuana product if the retail sale is made in conjunction with the retail sale of any other items or sell marijuana or marijuana products at a nominal price for promotional purposes.

Tax Imposed:

General sales tax (5.5 percent) does not apply. When calculating excise tax due on sale or transfer of wet marijuana flower, trim, or plants, cultivation facility licensees are authorized to reduce weight of wet product by 75 percent to account for water weight.

5/2/2018 - 1/1/2021Yes

Department of Administrative and Financial Services

Herbal; Edibles & Infused Products; Tinctures; Concentrates

5 license types, with cultivation  limits ranging from not more than 500 sq ft or 30 plants to 20,000 sq ft, with increases possible upon renewal

NoYes – License RequiredYes

Cultivation facility licensees shall pay excise tax of $335 per pound of marijuana flower or mature marijuana plants, $94 per pound of marijuana trim, $1.50 per immature marijuana plant or seedling, and $0.30 per marijuana seed sold to other licensees in the State; 10% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - THC limit and evidentiary standard not specified

Youth: No specific prohibition

Both23 Citations
Maine (167)

Cultivation Restrictions:

Licenses are issued in 100 sq ft unit blocks of plant canopy, with 40 percent of all licenses going to licensees of 30 unit blocks or less. The maximum amount of unit blocks allowed to a single licensee is 300.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on January 30, 2017. However, retail sales did not begin in Maine until October 9, 2020, according to news reports. See, e.g., "Maine launches recreational cannabis market amid supply setbacks, pandemic." Marijuana Business Daily. October 9, 2020. Retrieved on 4/15/2021 from https://mjbizdaily.com/maine-launches-recreational-cannabis-market-amid-... .

Tax Imposed:

General sales tax (5.5 percent) does not apply.

2/1/2018 - 5/1/2018Yes

Department of Administrative and Financial Services

Herbal; Edibles & Infused Products; Tinctures; Concentrates

2 license types, with cultivation limits ranging from <= 3,000 sq ft to 30,000 sq ft

Yes – License RequiredYes – License Required 

10% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - THC limit and evidentiary standard not specified

Youth: No specific prohibition

Both16 Citations
Maine (32)

Cultivation Restrictions:

Licenses are issued in 100 sq ft unit blocks of plant canopy, with 40 percent of all licenses going to licensees of 30 unit blocks or less. The maximum amount of unit blocks allowed to a single licensee is 300.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on January 30, 2017. However, retail sales did not begin in Maine until October 9, 2020, according to news reports. See, e.g., "Maine launches recreational cannabis market amid supply setbacks, pandemic." Marijuana Business Daily. October 9, 2020. Retrieved on 4/15/2021 from https://mjbizdaily.com/maine-launches-recreational-cannabis-market-amid-... .

Tax Imposed:

General sales tax (5.5 percent) does not apply.

8/2/2017 - 1/31/2018Yes

Department of Administrative and Financial Services

Herbal; Tinctures; Concentrates

2 license types, with cultivation limits ranging from <= 3,000 sq ft to 30,000 sq ft

Yes – License RequiredYes – License Required 

10% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - THC limit and evidentiary standard not specified

Youth: No specific prohibition

Both16 Citations
Maine (31)

Cultivation Restrictions:

Licenses are issued in 100 sq ft unit blocks of plant canopy, with 40 percent of all licenses going to licensees of 30 unit blocks or less. The maximum amount of unit blocks allowed to a single licensee is 300.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on January 30, 2017. However, retail sales did not begin in Maine until October 9, 2020, according to news reports. See, e.g., "Maine launches recreational cannabis market amid supply setbacks, pandemic." Marijuana Business Daily. October 9, 2020. Retrieved on 4/15/2021 from https://mjbizdaily.com/maine-launches-recreational-cannabis-market-amid-... .

Tax Imposed:

General sales tax (5.5 percent) does not apply.

6/29/2017 - 8/1/2017Yes

Department of Administrative and Financial Services

Herbal; Concentrates

2 license types, with cultivation limits ranging from <= 3,000 sq ft to 30,000 sq ft

Yes – License RequiredYes – License Required 

10% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - THC limit and evidentiary standard not specified

Youth: No specific prohibition

Both16 Citations
Maine (30)

Regulatory Agency:

The Department of Agriculture, Conservation and Forestry may delegate rule-making authority to the Commissioner of Administrative and Financial Services and/or the Commissioner of Public Safety.

Cultivation Restrictions:

Licenses are issued in 100 sq ft unit blocks of plant canopy, with 40 percent of all licenses going to licensees of 30 unit blocks or less. The maximum amount of unit blocks allowed to a single licensee is 300.

Retail Sales:

The creation of a licensing system governing retail sales was mandated on January 30, 2017. However, retail sales did not begin in Maine until October 9, 2020, according to news reports. See, e.g., "Maine launches recreational cannabis market amid supply setbacks, pandemic." Marijuana Business Daily. October 9, 2020. Retrieved on 4/15/2021 from https://mjbizdaily.com/maine-launches-recreational-cannabis-market-amid-... .

Tax Imposed:

General sales tax (5.5 percent) does not apply.

1/30/2017 - 6/28/2017Yes

Department of Agriculture, Conservation and Forestry

Herbal; Concentrates

2 license types, with cultivation limits ranging from <= 3,000 sq ft to 30,000 sq ft

Yes – License RequiredYes – License Required 

10% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - THC limit and evidentiary standard not specified

Youth: No specific prohibition

Both14 Citations
Maine (55)
1/1/2012 - 1/29/2017  
Massachusetts (178)

Retail Sales:
The creation of a licensing system governing retail sales was mandated on December 15, 2016, by 2016 Mass. Ballot Measure Question 4. However, retail sales did not begin in Massachusetts until November 20, 2018, according to news reports. See, e.g., "Recreational marijuana sales began in Massachusetts. Here’s how it went." Boston.com. November 20, 2018. Retrieved on 2/21/2020 from https://www.boston.com/news/local-news/2018/11/20/massachusetts-recreati... .

Products Permitted:
An individual serving of a marijuana product shall not contain more than 5mg of THC.

Cultivation Restrictions:
An individual licensee shall be limited to 100,000, square feet of canopy per licensee, for a total of three licenses.

Tax Imposed:
General sales tax (6.25 percent) applies.

11/1/2019 - 1/1/2021Yes

Cannabis Control Commission

Herbal; Edibles & Infused Products; Tinctures; Concentrates

11 license tiers, with cultivation limits up to 100,000 sq ft canopy

Yes – License RequiredYes – License Required 

10.75% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - THC limit and evidentiary standard not specified

Youth: No specific prohibition

Both13 Citations
Massachusetts (162)

Retail Sales:

The creation of a licensing system governing retail sales was mandated on December 15, 2016, by 2016 Mass. Ballot Measure Question 4. However, retail sales did not begin in Massachusetts until November 20, 2018, according to news reports. See, e.g., "Recreational marijuana sales began in Massachusetts. Here’s how it went." Boston.com. November 20, 2018. Retrieved on 2/21/2020 from https://www.boston.com/news/local-news/2018/11/20/massachusetts-recreati... . State law authorizes localities to allow on-premises consumption by municipal initiative.

Cultivation Restrictions:

An individual licensee shall be limited to 100,000, square feet of canopy per licensee, for a total of three licenses.

Tax Imposed:

General sales tax (6.25 percent) applies.

3/23/2018 - 10/31/2019Yes

Cannabis Control Commission

Herbal; Edibles & Infused Products; Tinctures; Concentrates

11 license tiers, with cultivation limits up to 100,000 sq ft canopy

NoYes – License Required 

10.75% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - THC limit and evidentiary standard not specified

Youth: No specific prohibition

Both12 Citations
Massachusetts (33)

Retail Sales:

The creation of a licensing system governing retail sales was mandated on December 15, 2016, by 2016 Mass. Ballot Measure Question 4. However, retail sales did not begin in Massachusetts until November 20, 2018, according to news reports. See, e.g., "Recreational marijuana sales began in Massachusetts. Here’s how it went." Boston.com. November 20, 2018. Retrieved on 2/21/2020 from https://www.boston.com/news/local-news/2018/11/20/massachusetts-recreati... . State law authorizes localities to allow on-premises consumption by municipal initiative.

Tax Imposed:

General sales tax (6.25 percent) applies.

7/28/2017 - 3/22/2018Yes

Cannabis Control Commission

Herbal; Edibles & Infused Products; Tinctures; ConcentratesNoYes – License Required 

10.75% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - THC limit and evidentiary standard not specified

Youth: No specific prohibition

Both9 Citations
Massachusetts (23)

Retail Sales:

The creation of a licensing system governing retail sales was mandated on December 15, 2016, by 2016 Mass. Ballot Measure Question 4. However, retail sales did not begin in Massachusetts until November 20, 2018, according to news reports. See, e.g., "Recreational marijuana sales began in Massachusetts. Here’s how it went." Boston.com. November 20, 2018. Retrieved on 2/21/2020 from https://www.boston.com/news/local-news/2018/11/20/massachusetts-recreati... . State law authorizes localities to allow on-premises consumption by municipal initiative.

Tax Imposed:

General sales tax (6.25 percent) applies.

12/15/2016 - 7/27/2017Yes

Cannabis Control Commission

Herbal; Edibles & Infused Products; Tinctures; ConcentratesNoYes – License Required 

3.75% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - THC limit and evidentiary standard not specified

Youth: No specific prohibition

Both10 Citations
Massachusetts (53)
1/1/2012 - 12/14/2016  
Michigan (189)

Retail Sales:
The creation of a licensing system governing retail sales was passed by the voters of Michigan on November 6, 2018, and became law on December 6, 2018. However, retail sales did not begin in Michigan until December 1, 2019, according to news reports. See, e.g., "On first day of Michigan recreational marijuana sales, customers line up for flower." Marijuana Business Daily. December 2, 2019. Retrieved on 2/28/2020 from https://mjbizdaily.com/first-day-of-michigan-recreational-sales-customer... . Regulations governing adult use in Michigan are contained in the Marijuana Regulatory Agency Emergency Rules, Mich. Admin. Code R 333E-1.2019.

Products Permitted:   A marihuana sales location shall not sell marihuana-infused products that exceed maximum THC concentrations established by the agency by more than 10%. The agency shall publish a list of maximum THC concentrations and serving size limits.

 

Tax Imposed:
General sales tax (6 percent) applies.

7/3/2019 - 1/1/2021Yes

Marijuana Regulatory Agency, Department of Licensing and Regulatory Affairs

Herbal; Edibles & Infused Products; Tinctures; Concentrates

3 license tiers, with cultivation limits ranging from not more than 100 to not more than 2,000 plants

Yes – License RequiredYes – License Required 

10% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: Adult: Prohibited - THC limit and evidentiary standard not specified

Youth: No specific prohibition

Both17 Citations
Michigan (188)

Retail Sales:
The creation of a licensing system governing retail sales was passed by the voters of Michigan on November 6, 2018, and became law on December 6, 2018. However, retail sales did not begin in Michigan until December 1, 2019, according to news reports. See, e.g., "On first day of Michigan recreational marijuana sales, customers line up for flower." Marijuana Business Daily. December 2, 2019. Retrieved on 2/28/2020 from https://mjbizdaily.com/first-day-of-michigan-recreational-sales-customer... . State law authorizes localities to allow on-premises consumption by municipal ordinance. A municipality may completely prohibit or limit the number of marihuana establishments within its boundaries.

Tax Imposed:
General sales tax (6 percent) applies.

5/1/2019 - 7/2/2019Yes

Marijuana Regulatory Agency, Department of Licensing and Regulatory Affairs

Herbal; Edibles & Infused Products; Tinctures; Concentrates

3 license tiers, with cultivation limits ranging from not more than 100 to not more than 2,000 plants

NoYes – License Required 

10% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: Adult: Prohibited - THC limit and evidentiary standard not specified

Youth: No specific prohibition

Both15 Citations
Michigan (164)

Retail Sales:
The creation of a licensing system governing retail sales was passed by the voters of Michigan on November 6, 2018, and became law on December 6, 2018. However, retail sales did not begin in Michigan until December 1, 2019, according to news reports. See, e.g., "On first day of Michigan recreational marijuana sales, customers line up for flower." Marijuana Business Daily. December 2, 2019. Retrieved on 2/28/2020 from https://mjbizdaily.com/first-day-of-michigan-recreational-sales-customer... . State law authorizes localities to allow on-premises consumption by municipal ordinance. A municipality may completely prohibit or limit the number of marihuana establishments within its boundaries.

Tax Imposed:
General sales tax (6 percent) applies.

12/6/2018 - 4/30/2019Yes

Department of Licensing and Regulatory Affairs

Herbal; Edibles & Infused Products; Tinctures; Concentrates

3 license tiers, with cultivation limits ranging from not more than 100 to not more than 2,000 plants

NoYes – License Required 

10% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: Adult: Prohibited - THC limit and evidentiary standard not specified

Youth: No specific prohibition

Both15 Citations
Michigan (56)
1/1/2012 - 12/5/2018  
Montana (201)

Recreational Use Legalized:

The legalization of the recreational use of cannabis was passed by Montana voters on November 3, 2020, and became law on January 1, 2021. See “Montana Marijuana Regulation and Taxation Act," 2020 Montana Voter Initiative I-190.

Tax Imposed:

There is no general state sales tax in Montana.

1/1/2021 - 1/1/2021YesHerbal; ConcentratesNoNo Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - 5 ng/mL limit (per se)

 

Youth: No specific prohibition

3 Citations
Montana (202)
1/1/2012 - 12/31/2020  
Nevada (217)

Retail Sales:

The creation of a licensing system governing retail sales was mandated on January 1, 2017, by 2016 Nevada Initiative Petition, Ballot Question No. 2. However, retail sales did not begin in Nevada until July 1, 2017, according to news reports. See, e.g., Lochhead, C. “Nevada has massive first month of marijuana sales.” Las Vegas Review-Journal. September 28, 2017. Retrieved on 12/14/2017 from https://www.reviewjournal.com/news/pot-news/nevada-has-massive-first-mon... .

Products Permitted:

A marijuana product sold as a capsule must not contain more than 100mg of THC per capsule, and a marijuana product sold as a tincture must not contain more than 800mg of THC. An edible marijuana product sold as a multiple-serving edible marijuana product must not contain more than 100mg of THC, and an edible marijuana product sold as a single-serving edible marijuana product must not contain more than 10mg of THC. Nev. Admin. Code 453D.672, 453D.800.

Pricing Controls Imposed:

Marijuana establishments are prohibited from offering any marijuana or marijuana product as “free” or “donated” without a purchase. LCB File No. E001-17; Nev. Admin. Code 453D.470.

Tax Imposed:

General sales tax (6.85 percent) applies.

Impaired Driving Prohibitions:

Nev. Rev. Stat. § 484C.110 provides that a blood concentration of 2 ng/mL of marijuana (delta-9-tetrahydrocannabinol) is prohibited, while a concentration of 5 ng/mL of marijuana metabolite (11-OH-tetrahydrocannabinol) is prohibited.

7/1/2020 - 1/1/2021Yes

Cannabis Compliance Board

Herbal; Edibles & Infused Products; Tinctures; ConcentratesNoYes – License RequiredYes

15% of sales (producer-level); 10% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - 2 ng/mL limit (per se)

Youth: No specific prohibition

Local Control15 Citations
Nevada (34)

Retail Sales:

The creation of a licensing system governing retail sales was mandated on January 1, 2017, by 2016 Nevada Initiative Petition, Ballot Question No. 2. However, retail sales did not begin in Nevada until July 1, 2017, according to news reports. See, e.g., Lochhead, C. “Nevada has massive first month of marijuana sales.” Las Vegas Review-Journal. September 28, 2017. Retrieved on 12/14/2017 from https://www.reviewjournal.com/news/pot-news/nevada-has-massive-first-mon... .

Products Permitted:

A marijuana product sold as a capsule must not contain more than 100mg of THC per capsule, and a marijuana product sold as a tincture must not contain more than 800mg of THC. An edible marijuana product sold as a multiple-serving edible marijuana product must not contain more than 100mg of THC, and an edible marijuana product sold as a single-serving edible marijuana product must not contain more than 10mg of THC. Nev. Admin. Code 453D.672, 453D.800.

Pricing Controls Imposed:

Marijuana establishments are prohibited from offering any marijuana or marijuana product as “free” or “donated” without a purchase. LCB File No. E001-17; Nev. Admin. Code 453D.470.

Tax Imposed:

General sales tax (6.85 percent) applies.

Impaired Driving Prohibitions:

Nev. Rev. Stat. § 484C.110 provides that a blood concentration of 2 ng/mL of marijuana (delta-9-tetrahydrocannabinol) is prohibited, while a concentration of 5 ng/mL of marijuana metabolite (11-OH-tetrahydrocannabinol) is prohibited.

7/1/2017 - 6/30/2020Yes

Department of Taxation

Herbal; Edibles & Infused Products; Tinctures; ConcentratesNoYes – License RequiredYes

15% of sales (producer-level); 10% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - 2 ng/mL limit (per se)

Youth: No specific prohibition

Local Control21 Citations
Nevada (192)

Retail Sales:

The creation of a licensing system governing retail sales was mandated on January 1, 2017, by 2016 Nevada Initiative Petition, Ballot Question No. 2. However, retail sales did not begin in Nevada until July 1, 2017, according to news reports. See, e.g., Lochhead, C. “Nevada has massive first month of marijuana sales.” Las Vegas Review-Journal. September 28, 2017. Retrieved on 12/14/2017 from https://www.reviewjournal.com/news/pot-news/nevada-has-massive-first-mon... .

Pricing Controls Imposed:

Marijuana establishments are prohibited from offering any marijuana or marijuana product as “free” or “donated” without a purchase. LCB File No. E001-17.

Tax Imposed:

General sales tax (6.85 percent) applies.

Impaired Driving Prohibitions:

Nev. Rev. Stat. § 484C.110 provides that a blood concentration of 2 ng/mL of marijuana (delta-9-tetrahydrocannabinol) is prohibited, while a concentration of 5 ng/mL of marijuana metabolite (11-OH-tetrahydrocannabinol) is prohibited.

6/26/2017 - 6/30/2017Yes

Department of Taxation

Herbal; Edibles & Infused Products; Tinctures; ConcentratesNoYes – License RequiredYes

15% of sales (producer-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - 2 ng/mL limit (per se)

Youth: No specific prohibition

Local Control13 Citations
Nevada (24)

Retail Sales:

The creation of a licensing system governing retail sales was mandated on January 1, 2017, by 2016 Nevada Initiative Petition, Ballot Question No. 2. However, retail sales did not begin in Nevada until July 1, 2017, according to news reports. See, e.g., Lochhead, C. “Nevada has massive first month of marijuana sales.” Las Vegas Review-Journal. September 28, 2017. Retrieved on 12/14/2017 from https://www.reviewjournal.com/news/pot-news/nevada-has-massive-first-mon... .

Tax Imposed:

General sales tax (6.85 percent) applies.

Impaired Driving Prohibitions:

Nev. Rev. Stat. § 484C.110 provides that a blood concentration of 2 ng/mL of marijuana (delta-9-tetrahydrocannabinol) is prohibited, while a concentration of 5 ng/mL of marijuana metabolite (11-OH-tetrahydrocannabinol) is prohibited.

1/1/2017 - 6/25/2017Yes

Department of Taxation

Herbal; Edibles & Infused Products; Tinctures; ConcentratesNoYes – License Required 

15% of sales (producer-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - 2 ng/mL limit (per se)

Youth: No specific prohibition

Local Control12 Citations
Nevada (67)
1/1/2012 - 12/31/2016  
New Jersey (213)

Recreational Use Legalized:
New Jersey Public Question 1 added an amendment to the state constitution legalizing the recreational use of cannabis for persons age 21 and older, and legalizing the cultivation, processing, and purchase of retail cannabis. The constitutional amendment took effect on January 1, 2021, but retail sales have not yet begun in New Jersey. To see the full text of Public Question 1, the Marijuana Legalization Amendment, see: https://www.njleg.state.nj.us/2018/Bills/SCR/183_I1.PDF.

Tax Imposed:
General sales tax (of 6.625 percent) will apply once retail sales begin.

1/1/2021 - 1/1/2021Yes

Cannabis Regulatory Commission

HerbalNoNo Purchase; Possession; Consumption; Furnishing

Adult: No specific prohibition

Youth: No specific prohibition

5 Citations
New Jersey (65)
1/1/2012 - 12/31/2020  
Oregon (177)

Products Permitted: 

The maximum concentration of THC for edibles is 5mg per serving/50mg per container; tinctures, concentrates or extracts is 1,000 mg per container; and capsules is 10 mg per serving/100 mg per container. 

Cultivation Restrictions:

For further detail, see Or. Admin. R. 845-025-2040.

Retail Sales:

Retail licensees may not permit on-site consumption of cannabis, except for consumption by employees with a current medical registry identification card. Or. Admin. R. 845-025-1230.

Pricing Controls Imposed:

No licensee or permitee may give or permit the giving of any cannabis item as a prize, premium, or consideration for any lottery, contest, game of chance or skill, exhibition, or any competition of any kind. In addition, a retailer may not sell at a nominal cost for promotional purposes or provide free marijuana items.

 

4/21/2017 - 1/1/2021Yes

Oregon Liquor Control Commission

Herbal; Edibles & Infused Products; Tinctures; Concentrates

8 license tiers, with cultivation limits ranging from <= 625 sq ft to 40,000 sq ft

NoYes – License RequiredYes

17% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - THC limit and evidentiary standard not specified

Youth: No specific prohibition

Both25 Citations
Oregon (25)

Regulatory Agency:

The Oregon Liquor Control Commission regulates the purchase, sale, production, processing, transportation and delivery of recreational cannabis in Oregon generally. From October 1 to December 31, 2015, medical marijuana dispensaries could sell limited recreational cannabis products (dried leaves and flowers, immature marijuana plants and seeds) to persons 21 and older.

Products Permitted: 

The maximum concentration of THC for edibles is 5mg per serving/50mg per container; tinctures, concentrates or extracts is 1,000 mg per container; and capsules is 10 mg per serving/100 mg per container. 

Cultivation Restrictions:

For further detail, see Or. Admin. R. 845-025-2040.

Retail Sales:

Retailers licensed by the Oregon Liquor Control Commission will begin sales of cannabis as soon as applications are approved. Retail licensees may not permit on-site consumption of cannabis, except for consumption by employees with a current medical registry identification card. Or. Admin. R. 845-025-1230.

Pricing Controls Imposed:

No licensee or permitee may give or permit the giving of any cannabis item as a prize, premium, or consideration for any lottery, contest, game of chance or skill, exhibition, or any competition of any kind. In addition, a retailer may not sell at a nominal cost for promotional purposes or provide free marijuana items.

Tax Imposed:

A tax of 17% upon the retail sale of cannabis was authorized effective October 5, 2015; however, this tax was not collected until sales by licensed retailers were generated. For the first three months of recreational sales by dispensaries, taxes were not imposed. Between January 4, 2016 and December 31, 2016, a 25% tax was collected on sales for recreational use by medical dispensaries. There is no general state sales tax in Oregon.

6/28/2016 - 4/20/2017Yes

Oregon Liquor Control Commission

Herbal; Edibles & Infused Products; Tinctures; Concentrates

8 license tiers, with cultivation limits ranging from <= 625 sq ft to 40,000 sq ft

NoYes – License RequiredYes

17% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: No specific prohibition

Youth: No specific prohibition

Both23 Citations
Oregon (15)

Regulatory Agency:

The Oregon Liquor Control Commission regulates the purchase, sale, production, processing, transportation and delivery of recreational cannabis in Oregon generally. From October 1 to December 31, 2015, medical marijuana dispensaries could sell limited recreational cannabis products (dried leaves and flowers, immature marijuana plants and seeds) to persons 21 and older.

Products Permitted: 

The maximum concentration of THC for edibles is 5mg per serving/50mg per container; tinctures, concentrates or extracts is 1,000 mg per container; and capsules is 10 mg per serving/100 mg per container. 

Cultivation Restrictions:

For further detail, see Or. Admin. R. 845-025-2040.

Retail Sales:

Retailers licensed by the Oregon Liquor Control Commission will begin sales of cannabis as soon as applications are approved. Retail licensees may not permit on-site consumption of cannabis, except for consumption by employees with a current medical registry identification card. Or. Admin. R. 845-025-1230.

Pricing Controls Imposed:

No licensee or permitee may give or permit the giving of any cannabis item as a prize, premium, or consideration for any lottery, contest, game of chance or skill, exhibition, or any competition of any kind. Between January 1, 2016 and June 28, 2016, a licensee or permitee may not sell or offer for sale any cannabis item for a price per item that is less than the licensee's cost for the cannabis item, and the pricing of cannabis items must remain consistent during each day.

Tax Imposed:

A tax of 17% upon the retail sale of cannabis was authorized effective October 5, 2015. This tax has not been collected, however, as there have been no retail sales of cannabis by licensees under the jurisdiction of the Oregon Liquor Control Commission as of January 1, 2016.  Between January 4, 2016 and December 31, 2016, a 25% tax was collected on sales for recreational use by medical dispensaries. There is no general state sales tax in Oregon.

1/1/2016 - 6/27/2016Yes

Oregon Liquor Control Commission

Herbal; Edibles & Infused Products; Tinctures; Concentrates

4 license tiers, with cultivation limits ranging from <= 5,000 sq ft to 40,000 sq ft

NoYes – License RequiredYes

17% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: No specific prohibition

Youth: No specific prohibition

Both21 Citations
Oregon (10)

Regulatory Agency:

The Oregon Liquor Control Commission regulates the purchase, sale, production, processing, transportation and delivery of recreational cannabis in Oregon generally. From October 1 to December 31, 2015, medical marijuana dispensaries could sell limited recreational cannabis products (dried leaves and flowers, immature marijuana plants and seeds) to persons 21 and older.

Retail Sales:

Retailers licensed by the Oregon Liquor Control Commission will begin sales of cannabis as soon as applications are approved. Retail licensees may not permit on-site consumption of cannabis, except for consumption by employees with a current medical registry identification card. Or. Admin. R. 845-025-1230.

Tax Imposed:

A tax of 17% upon the retail sale of cannabis was authorized effective October 5, 2015. This tax has not been collected, however, as there have been no retail sales of cannabis by licensees under the jurisdiction of the Oregon Liquor Control Commission as of January 1, 2016. There is no general state sales tax in Oregon.

10/5/2015 - 12/31/2015Yes

Oregon Liquor Control Commission

Herbal; Edibles & Infused Products; Tinctures; ConcentratesNoYes – License Required 

17% of sales (retail-level)

Purchase; Possession; Consumption; Furnishing

Adult: No specific prohibition

Youth: No specific prohibition

Both11 Citations
Oregon (4)

Regulatory Agency:

The Oregon Liquor Control Commission regulates the purchase, sale, production, processing, transportation and delivery of recreational cannabis in Oregon generally. From October 1 to December 31, 2015, medical marijuana dispensaries could sell limited recreational cannabis products (dried leaves and flowers, immature marijuana plants and seeds) to persons 21 and older.

Retail Sales:

Retailers licensed by the Oregon Liquor Control Commission will begin sales of cannabis as soon as applications are approved. Retail licensees may not permit on-site consumption of cannabis, except for consumption by employees with a current medical registry identification card. Or. Admin. R. 845-025-1230.

7/1/2015 - 10/4/2015Yes

Oregon Liquor Control Commission

Herbal; Edibles & Infused Products; Tinctures; ConcentratesNoYes – License Required Purchase; Possession; Consumption; Furnishing

Adult: No specific prohibition

Youth: No specific prohibition

Both12 Citations
Oregon (8)
1/1/2012 - 6/30/2015  
Vermont (211)

Products Permitted:

Permitted products include vaporizer cartridges containing cannabis.

Retail Sales:

The implementation of a licensing system for cannabis establishments to sell recreational cannabis for consumption off-premises was mandated October 7, 2020, but sales are not to begin until 2022.

Tax Imposed:

Effective March 1, 2022, there will be an excise tax on recreational cannabis of 14% of sales, itemized separately from the general sales tax (6%) that will also apply.
 

10/7/2020 - 1/1/2021Yes

Cannabis Control Board
The Agency of Agriculture, Food and Markets
 

Herbal; Edibles & Infused Products; Tinctures; Concentrates; Other

A "small cultivator" has a plant space of no more than 1,000 square feet, and different farm-related laws will apply to larger cultivators.

NoYes – License Required 

14% of sales (retail-level)

Possession; Furnishing

Adult: Adult: No specific prohibition.

Youth: No specific prohibition.

Both12 Citations
Vermont (157)

Retail sales and commercial cultivation of cannabis are not authorized in Vermont. 

7/1/2018 - 10/6/2020YesHerbal; ConcentratesNoNo Possession; Furnishing

Adult: No specific prohibition.

Youth: No specific prohibition.

6 Citations
Vermont (79)
1/1/2012 - 6/30/2018  
Washington (207)

Regulatory Agency:
When Initiative Measure 502 was passed the regulatory agency charged with regulating cannabis was called the Washington State Liquor Board. On July 24, 2014 the agency's name was changed to the Washington State Liquor and Cannabis Board.

Products Permitted:
“Marijuana-infused products” are defined as products that contain marijuana or marijuana extracts, are intended for human use, are derived from marijuana, as defined, and have a THC concentration no greater than ten percent. The term “marijuana-infused products” does not include either useable marijuana or marijuana concentrates. “Marijuana concentrates” means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than ten percent. In response to the nationwide outbreak of vaping-related lung illnesses in 2019, the Washington legislature clarified the authority of the Liquor and Cannabis Board to regulate marijuana vapor products. See 2020 Wash. Laws 133 (H.B. 2826), effective March 25, 2020.

Cultivation Restrictions:
For further detail, see Wash. Admin. Code § 314-55-075.

Retail Sales:
The creation of a licensing system governing retail sales was mandated on December 6, 2012, by 2012 Wash. Initiative Measure No. 502. However, retail sales did not begin in Washington until July 8, 2014. The state board, in consultation with the office of financial management, is required to determine the maximum number of retail outlets that may be licensed in each county. See Wash. Rev. Code § 69.50.345.

Pricing Controls Imposed:
Marijuana retailers may not sell marijuana products below their acquisition cost. Beginning on June 18, 2016, retailers may not provide free samples to customers.

Tax Imposed:
General sales tax (6.5 percent) applies in addition to the cannabis-specific tax. Wash. Rev. Code §§ 69.50.535, 82.08.020.

Local Authority:
The initiative that legalized the recreational use of cannabis in Washington State, Initiative 502 (I-502), neither provided for local option or control nor explicitly prohibited it. In a January 16, 2014 opinion, the Washington State Attorney General concluded that I-502 did not clearly preempt local authority to regulate cannabis businesses and did not limit the authority of local governments to regulate within their boundaries or impose land use and business licensing requirements with respect to licensed marijuana businesses. Wash. Op. Att'y Gen. 2014 No. 2 (2014).

3/25/2020 - 1/1/2021Yes

Washington State Liquor and Cannabis Board

Herbal; Edibles & Infused Products; Tinctures; Concentrates; Other

3 license tiers, with cultivation limits ranging from < 2,000 sq ft to 30,000 sq ft

NoYes – License RequiredYes

37% of sales (retail-level)

Purchase; Possession; Furnishing

Adult: Prohibited - 5 ng/mL limit (per se)

Youth: Prohibited - 0 ng/mL limit (per se)

20 Citations
Washington (18)

Regulatory Agency:
When Initiative Measure 502 was passed the regulatory agency charged with regulating cannabis was called the Washington State Liquor Board. On July 24, 2014 the agency's name was changed to the Washington State Liquor and Cannabis Board.

Products Permitted:
“Marijuana-infused products” are defined as products that contain marijuana or marijuana extracts, are intended for human use, are derived from marijuana, as defined, and have a THC concentration no greater than ten percent. The term “marijuana-infused products” does not include either useable marijuana or marijuana concentrates. “Marijuana concentrates” means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than ten percent.

Cultivation Restrictions:
For further detail, see Wash. Admin. Code § 314-55-075.

Retail Sales:
The creation of a licensing system governing retail sales was mandated on December 6, 2012, by 2012 Wash. Initiative Measure No. 502. However, retail sales did not begin in Washington until July 8, 2014. The state board, in consultation with the office of financial management, is required to determine the maximum number of retail outlets that may be licensed in each county. See Wash. Rev. Code § 69.50.345.

Pricing Controls Imposed:
Marijuana retailers may not sell marijuana products below their acquisition cost. Beginning on June 18, 2016, retailers may not provide free samples to customers.

Tax Imposed:
General sales tax (6.5 percent) applies in addition to the cannabis-specific tax. Wash. Rev. Code §§ 69.50.535, 82.08.020.

Local Authority:
The initiative that legalized the recreational use of cannabis in Washington State, Initiative 502 (I-502), neither provided for local option or control nor explicitly prohibited it. In a January 16, 2014 opinion, the Washington State Attorney General concluded that I-502 did not clearly preempt local authority to regulate cannabis businesses and did not limit the authority of local governments to regulate within their boundaries or impose land use and business licensing requirements with respect to licensed marijuana businesses. Wash. Op. Att'y Gen. 2014 No. 2 (2014).

7/24/2015 - 3/24/2020Yes

Washington State Liquor and Cannabis Board

Herbal; Edibles & Infused Products; Tinctures; Concentrates

3 license tiers, with cultivation limits ranging from < 2,000 sq ft to 30,000 sq ft

NoYes – License RequiredYes

37% of sales (retail-level)

Purchase; Possession; Furnishing

Adult: Prohibited - 5 ng/mL limit (per se)

Youth: Prohibited - 0 ng/mL limit (per se)

18 Citations
Washington (80)

Regulatory Agency:
When Initiative Measure 502 was passed the regulatory agency charged with regulating cannabis was called the Washington State Liquor Board. On July 24, 2014 the agency's name was changed to the Washington State Liquor and Cannabis Board.

Products Permitted:
“Marijuana-infused products” are defined as products that contain marijuana or marijuana extracts, are intended for human use, are derived from marijuana, as defined, and have a THC concentration no greater than ten percent. The term “marijuana-infused products” does not include either useable marijuana or marijuana concentrates. “Marijuana concentrates” means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than ten percent.

Cultivation Restrictions:
For further detail, see Wash. Admin. Code § 314-55-075.

Retail Sales:
The creation of a licensing system governing retail sales was mandated on December 6, 2012, by 2012 Wash. Initiative Measure No. 502. However, retail sales did not begin in Washington until July 8, 2014. The state board, in consultation with the office of financial management, is required to determine the maximum number of retail outlets that may be licensed in each county. See Wash. Rev. Code § 69.50.345, Wash. Admin. Code § 314-55-081 (eff. November 21, 2013).

Pricing Controls Imposed:
Marijuana retailers may not sell marijuana products below their acquisition cost.

Tax Imposed:
General sales tax (6.5 percent) applies in addition to the cannabis-specific tax. Wash. Rev. Code §§ 69.50.535, 82.08.020.

Local Authority:
The initiative that legalized the recreational use of cannabis in Washington State, Initiative 502 (I-502), neither provided for local option or control nor explicitly prohibited it. In a January 16, 2014 opinion, the Washington State Attorney General concluded that I-502 did not clearly preempt local authority to regulate cannabis businesses and did not limit the authority of local governments to regulate within their boundaries or impose land use and business licensing requirements with respect to licensed marijuana businesses. Wash. Op. Att'y Gen. 2014 No. 2 (2014).

7/1/2015 - 7/23/2015Yes

Washington State Liquor and Cannabis Board

Herbal; Edibles & Infused Products; Tinctures; Concentrates

3 license tiers, with cultivation limits ranging from < 2,000 sq ft to 30,000 sq ft

NoYes – License RequiredYes

37% of sales (retail-level)

Purchase; Furnishing

Adult: Prohibited - 5 ng/mL limit (per se)

Youth: Prohibited - 0 ng/mL limit (per se)

16 Citations
Washington (17)

Regulatory Agency:
When Initiative Measure 502 was passed the regulatory agency charged with regulating cannabis was called the Washington State Liquor Board. On July 24, 2014 the agency's name was changed to the Washington State Liquor and Cannabis Board.

Products Permitted:
“Marijuana-infused products” are defined as products that contain marijuana or marijuana extracts, are intended for human use, are derived from marijuana, as defined, and have a THC concentration no greater than ten percent. The term “marijuana-infused products” does not include either useable marijuana or marijuana concentrates. “Marijuana concentrates” means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than ten percent.

Cultivation Restrictions:
For further detail, see Wash. Admin. Code § 314-55-075.

Retail Sales:
The creation of a licensing system governing retail sales was mandated on December 6, 2012, by 2012 Wash. Initiative Measure No. 502. However, retail sales did not begin in Washington until July 8, 2014. The state board, in consultation with the office of financial management, is required to determine the maximum number of retail outlets that may be licensed in each county. See Wash. Rev. Code § 69.50.345, Wash. Admin. Code § 314-55-081 (eff. November 21, 2013).

Pricing Controls Imposed:
Marijuana retailers may not sell marijuana products below their acquisition cost.

Tax Imposed:
General sales tax (6.5 percent) applies in addition to the cannabis-specific tax. Wash. Rev. Code §§ 69.50.535, 82.08.020.

Local Authority:
The initiative that legalized the recreational use of cannabis in Washington State, Initiative 502 (I-502), neither provided for local option or control nor explicitly prohibited it. In a January 16, 2014 opinion, the Washington State Attorney General concluded that I-502 did not clearly preempt local authority to regulate cannabis businesses and did not limit the authority of local governments to regulate within their boundaries or impose land use and business licensing requirements with respect to licensed marijuana businesses. Wash. Op. Att'y Gen. 2014 No. 2 (2014).

4/24/2015 - 6/30/2015Yes

Washington State Liquor and Cannabis Board

Herbal; Edibles & Infused Products; Tinctures; Concentrates

3 license tiers, with cultivation limits ranging from < 2,000 sq ft to 30,000 sq ft

NoYes – License RequiredYes

25% of sales (producer-level); 25% of sales (processor-level); 25% of sales (retail-level)

Purchase; Furnishing

Adult: Prohibited - 5 ng/mL limit (per se)

Youth: Prohibited - 0 ng/mL limit (per se)

16 Citations
Washington (16)

Regulatory Agency:
When Initiative Measure 502 was passed the regulatory agency charged with regulating cannabis was called the Washington State Liquor Board. On July 24, 2014 the agency's name was changed to the Washington State Liquor and Cannabis Board.

Products Permitted:
“Marijuana-infused products” means products that contain marijuana or marijuana extracts, are intended for human use, and have a THC concentration greater than 0.3 percent and no greater than sixty percent. “Marijuana concentrates” means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than sixty percent. RCW 69.50.101.

Cultivation Restrictions:
For further detail, see Wash. Admin. Code § 314-55-075.

Retail Sales:
The creation of a licensing system governing retail sales was mandated on December 6, 2012, by 2012 Wash. Initiative Measure No. 502. However, retail sales did not begin in Washington until July 8, 2014. The state board, in consultation with the office of financial management, is required to determine the maximum number of retail outlets that may be licensed in each county. See Wash. Rev. Code § 69.50.345, Wash. Admin. Code § 314-55-081 (eff. November 21, 2013).

Pricing Controls Imposed:
Marijuana retailers may not sell marijuana products below their acquisition cost.

Tax Imposed:
General sales tax (6.5 percent) applies in addition to the cannabis-specific tax. Wash. Rev. Code §§ 69.50.535, 82.08.020.

Local Authority:
The initiative that legalized the recreational use of cannabis in Washington State, Initiative 502 (I-502), neither provided for local option or control nor explicitly prohibited it. In a January 16, 2014 opinion, the Washington State Attorney General concluded that I-502 did not clearly preempt local authority to regulate cannabis businesses and did not limit the authority of local governments to regulate within their boundaries or impose land use and business licensing requirements with respect to licensed marijuana businesses. Wash. Op. Att'y Gen. 2014 No. 2 (2014).

6/12/2014 - 4/23/2015Yes

Washington State Liquor and Cannabis Board

Herbal; Edibles & Infused Products; Tinctures; Concentrates

3 license tiers, with cultivation limits ranging from < 2,000 sq ft to 30,000 sq ft

NoYes – License RequiredYes

25% of sales (producer-level); 25% of sales (processor-level); 25% of sales (retail-level)

Furnishing

Adult: Prohibited - 5 ng/mL limit (per se)

Youth: Prohibited - 0 ng/mL limit (per se)

17 Citations
Washington (26)

Regulatory Agency:
When Initiative Measure 502 was passed the regulatory agency charged with regulating cannabis was called the Washington State Liquor Board. On July 24, 2014 the agency's name was changed to the Washington State Liquor and Cannabis Board.

Cultivation Restrictions:
For further detail, see Wash. Admin. Code § 314-55-075.

Retail Sales:
The creation of a licensing system governing retail sales was mandated on December 6, 2012, by 2012 Wash. Initiative Measure No. 502. However, retail sales did not begin in Washington until July 8, 2014. The state board, in consultation with the office of financial management, is required to determine the maximum number of retail outlets that may be licensed in each county. See Wash. Rev. Code § 69.50.345, Wash. Admin. Code § 314-55-081 (eff. November 21, 2013).

Pricing Controls Imposed:
Marijuana retailers may not sell marijuana products below their acquisition cost.

Tax Imposed:
General sales tax (6.5 percent) applies in addition to the cannabis-specific tax. Wash. Rev. Code §§ 69.50.535, 82.08.020.

Local Authority:
The initiative that legalized the recreational use of cannabis in Washington State, Initiative 502 (I-502), neither provided for local option or control nor explicitly prohibited it. In a January 16, 2014 opinion, the Washington State Attorney General concluded that I-502 did not clearly preempt local authority to regulate cannabis businesses and did not limit the authority of local governments to regulate within their boundaries or impose land use and business licensing requirements with respect to licensed marijuana businesses. Wash. Op. Att'y Gen. 2014 No. 2 (2014).

11/21/2013 - 6/11/2014Yes

Washington State Liquor Board

Herbal; Edibles & Infused Products; Tinctures; Concentrates

3 license tiers, with cultivation limits ranging from < 2,000 sq ft to 30,000 sq ft

NoYes – License RequiredYes

25% of sales (producer-level); 25% of sales (processor-level); 25% of sales (retail-level)

Furnishing

Adult: Prohibited - 5 ng/mL limit (per se)

Youth: Prohibited - 0 ng/mL limit (per se)

15 Citations
Washington (5)

Regulatory Agency:
When Initiative Measure 502 was passed the regulatory agency charged with regulating cannabis was called the Washington State Liquor Board. On July 24, 2014 the agency's name was changed to the Washington State Liquor and Cannabis Board.

Retail Sales:
The creation of a licensing system governing retail sales was mandated on December 6, 2012, by 2012 Wash. Initiative Measure No. 502. However, retail sales did not begin in Washington until July 8, 2014. The state board, in consultation with the office of financial management, is required to determine the maximum number of retail outlets that may be licensed in each county. See Wash. Rev. Code § 69.50.345, Wash. Admin. Code § 314-55-081 (eff. November 21, 2013).

Pricing Controls Imposed:
Marijuana retailers may not sell marijuana products below their acquisition cost.

Tax Imposed:
General sales tax (6.5 percent) applies in addition to the cannabis-specific tax. Wash. Rev. Code §§ 69.50.535, 82.08.020.

Local Authority:
The initiative that legalized the recreational use of cannabis in Washington State, Initiative 502 (I-502), neither provided for local option or control nor explicitly prohibited it. In a January 16, 2014 opinion, the Washington State Attorney General concluded that I-502 did not clearly preempt local authority to regulate cannabis businesses and did not limit the authority of local governments to regulate within their boundaries or impose land use and business licensing requirements with respect to licensed marijuana businesses. Wash. Op. Att'y Gen. 2014 No. 2 (2014).

12/6/2012 - 11/20/2013Yes

Washington State Liquor Board

Herbal; Edibles & Infused Products; Tinctures; ConcentratesNoYes – License RequiredYes

25% of sales (producer-level); 25% of sales (processor-level); 25% of sales (retail-level)

Furnishing

Adult: Prohibited - 5 ng/mL limit (per se)

Youth: Prohibited - 0 ng/mL limit (per se)

15 Citations
Washington (9)
1/1/2012 - 12/5/2012