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 (6)
1/1/2012 - 2/23/2015  
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 (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 (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 (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 (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.

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 - 1/1/2019Yes

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

Both16 Citations
California (39)
1/1/2012 - 11/8/2016  
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; Tinctures; 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 (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; 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 (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

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 - 1/1/2019Yes

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

Both27 Citations
Colorado (7)
1/1/2012 - 12/9/2012  
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 (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 (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 (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 (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 (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:

General sales tax (2.9 percent) does not apply.

7/1/2017 - 1/1/2019Yes

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
District of Columbia (41)
1/1/2012 - 2/25/2015  
District of Columbia (3)

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

2/26/2015 - 1/1/2019YesHerbalNoNo Purchase; Possession; Consumption; Furnishing

Adult: Prohibited - THC limit and evidentiary standard not specified

Youth: No specific prohibition

10 Citations
Maine (55)
1/1/2012 - 1/29/2017  
Maine (30)

Regulatory Agency:

The Department of Agriculture, Conservation and Forestry may delegate rule-making authority to 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, as of January 1, 2018, retail sales had not yet begun in Maine. Applications for licenses were scheduled to begin February 1, 2018.

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 (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, as of January 1, 2018, retail sales had not yet begun in Maine. Applications for licenses were scheduled to begin February 1, 2018.

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 (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, as of January 1, 2018, retail sales had not yet begun in Maine. Applications for licenses were scheduled to begin February 1, 2018.

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 (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, as of January 1, 2018, retail sales had not yet begun in Maine. Applications for licenses were scheduled to begin February 1, 2018.

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 (168)

Retail Sales:

The creation of a licensing system governing retail sales was mandated on January 30, 2017. However, as of January 1, 2018, retail sales had not yet begun in Maine. Applications for licenses were scheduled to begin February 1, 2018.

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.

Tax Imposed:

General sales tax (5.5 percent) does not apply.

5/2/2018 - 1/1/2019Yes

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

Both24 Citations
Massachusetts (53)
1/1/2012 - 12/14/2016  
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, as of January 1, 2018, retail sales had not yet begun in Massachusetts. 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

Both9 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, as of January 1, 2018, retail sales had not yet begun in Massachusetts. 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 (162)

 

Cultivation Restrictions:

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

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, as of January 1, 2018, retail sales had not yet begun in Massachusetts. State law authorizes localities to allow on-premises consumption by municipal initiative.

Tax Imposed:

General sales tax (6.25 percent) applies.

3/23/2018 - 1/1/2019Yes

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
Michigan (56)
1/1/2012 - 12/5/2018  
Michigan (164)

Retail Sales:

The creation of a licensing system governing retail sales was passed by the voters of the state of Michigan on November 6, 2018, and became law on December 6, 2018. However, as of January 1, 2019, retail sales had not yet begun. 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 - 1/1/2019Yes

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
Nevada (67)
1/1/2012 - 12/31/2016  
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 a marijuana metabolite (11-OH-tetrahydrocannabinol) is prohibited.

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

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 (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... .

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 a marijuana metabolite (11-OH-tetrahydrocannabinol) is prohibited.

7/1/2017 - 1/1/2019Yes

Department of Taxation

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

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 Control16 Citations
Oregon (8)
1/1/2012 - 6/30/2015  
Oregon (4)

Regulatory Agency:

The Oregon Liquor Control Commission regulates the purchase, sale, production, processing, transportation and delivery of recreational cannabis in Oregon generally. Effective July 27, 2015, Senate Bill 460 (2015) directed the Oregon Health Authority to allow registered medical marijuana dispensaries the option of selling limited recreational cannabis products (dried leaves and flowers, immature marijuana plants and seeds) to persons 21 and older until December 31, 2016.

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. OAR 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 (10)

Regulatory Agency:

The Oregon Liquor Control Commission regulates the purchase, sale, production, processing, transportation and delivery of recreational cannabis in Oregon generally. Effective July 27, 2015, Senate Bill 460 (2015) directed the Oregon Health Authority to allow registered medical marijuana dispensaries the option of selling limited recreational cannabis products (dried leaves and flowers, immature marijuana plants and seeds) to persons 21 and older until December 31, 2016.

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. OAR 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 (15)

Regulatory Agency:

The Oregon Liquor Control Commission regulates the purchase, sale, production, processing, transportation and delivery of recreational cannabis in Oregon generally. Effective July 27, 2015, Senate Bill 460 (2015) directed the Oregon Health Authority to allow registered medical marijuana dispensaries the option of selling limited recreational cannabis products (dried leaves and flowers, immature marijuana plants and seeds) to persons 21 and older until December 31, 2016.

Cultivation Restrictions:

For further detail, see O.R.S. § 475B.075, OAR 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. OAR 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 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. 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

Both20 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. Effective July 27, 2015, Senate Bill 460 (2015) directed the Oregon Health Authority to allow registered medical marijuana dispensaries the option of selling limited recreational cannabis products (dried leaves and flowers, immature marijuana plants and seeds) to persons 21 and older until December 31, 2016.

Cultivation Restrictions:

For further detail, see O.R.S. § 475B.075, OAR 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. OAR 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 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; 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. After January 1, 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 - 1/1/2019Yes

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

Both22 Citations
Vermont (79)
1/1/2012 - 6/30/2018  
Vermont (157)

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

7/1/2018 - 1/1/2019YesHerbal; ConcentratesNoNo Possession; Furnishing

Adult: No specific prohibition.

Youth: No specific prohibition.

Local Control6 Citations
Washington (9)
1/1/2012 - 12/5/2012  
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, according to news reports. See, e.g., Johnson, K. "Sales of Recreational Marijuana Begin in Washington State." The New York Times. July 8, 2014. Retrieved on 12/14/2017 from https://www.nytimes.com/2014/07/09/us/washington-to-begin-sales-of-recre... . 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 (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, according to news reports. See, e.g., Johnson, K. "Sales of Recreational Marijuana Begin in Washington State." The New York Times. July 8, 2014. Retrieved on 12/14/2017 from https://www.nytimes.com/2014/07/09/us/washington-to-begin-sales-of-recre... . 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)

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, according to news reports. See, e.g., Johnson, K. "Sales of Recreational Marijuana Begin in Washington State." The New York Times. July 8, 2014. Retrieved on 12/14/2017 from https://www.nytimes.com/2014/07/09/us/washington-to-begin-sales-of-recre... . 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 (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, according to news reports. See, e.g., Johnson, K. "Sales of Recreational Marijuana Begin in Washington State." The New York Times. July 8, 2014. Retrieved on 12/14/2017 from https://www.nytimes.com/2014/07/09/us/washington-to-begin-sales-of-recre... . 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 (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, according to news reports. See, e.g., Johnson, K. "Sales of Recreational Marijuana Begin in Washington State." The New York Times. July 8, 2014. Retrieved on 12/14/2017 from https://www.nytimes.com/2014/07/09/us/washington-to-begin-sales-of-recre... . 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 (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, according to news reports. See, e.g., Johnson, K. "Sales of Recreational Marijuana Begin in Washington State." The New York Times. July 8, 2014. Retrieved on 12/14/2017 from https://www.nytimes.com/2014/07/09/us/washington-to-begin-sales-of-recre... . 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. 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 - 1/1/2019Yes

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