Changes Over Time: Recreational Use of Cannabis: Volume 1
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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 | |
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7. On-Premises | 8. Off-Premises | ||||||||||||
Alaska
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 - 1/1/2021 | Marijuana Control Board | Herbal; Edibles & Infused Products; Tinctures; Concentrates | <500 sq ft for “limited” licenses (see note) | Yes – License Required | Yes – License Required | $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 | Both | 18 Citations | ||
Alaska
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 - 12/31/2018 | Marijuana Control Board | Herbal; Edibles & Infused Products; Tinctures; Concentrates | <500 sq ft for “limited” licenses (see note) | Yes – License Required | Yes – License Required | $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 | Both | 15 Citations | ||
Alaska
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 - 5/27/2016 | Marijuana Control Board | Herbal; Edibles & Infused Products; Tinctures; Concentrates | Yes – License Required | Yes – License Required | $50 per oz. (producer-level) | Purchase; Possession; Consumption; Furnishing | Adult: Prohibited - THC limit and evidentiary standard not specified Youth: No specific prohibition | Both | 14 Citations | |||
Alaska
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 - 2/20/2016 | Marijuana Control Board | Herbal; Edibles & Infused Products; Tinctures; Concentrates | No | Yes – License Required | $50 per oz. (producer-level) | Purchase; Possession; Consumption; Furnishing | Adult: Prohibited - THC limit and evidentiary standard not specified Youth: No specific prohibition | Both | 11 Citations | |||
Alaska
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 - 5/4/2015 | Alcoholic Beverage Control Board | Herbal; Edibles & Infused Products; Tinctures; Concentrates | No | Yes – License Required | $50 per oz. (producer-level) | Purchase; Possession; Consumption; Furnishing | Adult: Prohibited - THC limit and evidentiary standard not specified Youth: No specific prohibition | Both | 11 Citations | |||
Alaska | 1/1/2012 - 2/23/2015 | ||||||||||||
Arizona
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 - 1/1/2021 | Department of Health Services; Department of Revenue | Herbal; Edibles & Infused Products; Tinctures; Concentrates | No | Yes – 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 | Both | 14 Citations | |||
Arizona | 1/1/2020 - 11/29/2020 | ||||||||||||
California
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 - 1/1/2021 | 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) | No | Yes – License Required | $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 | Both | 26 Citations | ||
California
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 - 12/31/2019 | 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) | No | Yes – License Required | $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 | Both | 26 Citations | ||
California
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 - 12/31/2017 | 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) | No | Yes – License Required | $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 | Both | 25 Citations | ||
California
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 - 12/6/2017 | 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) | No | Yes – License Required | $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 | Both | 25 Citations | ||
California
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 - 6/26/2017 | 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) | No | Yes – License Required | $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 | Both | 25 Citations | ||
California | 1/1/2012 - 11/8/2016 | ||||||||||||
Colorado
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 - 1/1/2021 | Marijuana Enforcement Division, Department of Revenue | Herbal; Edibles & Infused Products; Tinctures; Concentrates | 5 tiers of licenses, no cap on max plant count. | Yes – License Required | Yes – License Required | 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 | Both | 33 Citations | ||
Colorado
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 - 12/31/2020 | Marijuana Enforcement Division, Department of Revenue | Herbal; Edibles & Infused Products; Tinctures; Concentrates | 1,800 plants | Yes – License Required | Yes – License Required | 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 | Both | 33 Citations | ||
Colorado
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 - 12/31/2019 | Marijuana Enforcement Division, Department of Revenue | Herbal; Edibles & Infused Products; Tinctures; Concentrates | 1,800 plants | No | Yes – License Required | 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 | Both | 27 Citations | ||
Colorado
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 - 6/30/2017 | Marijuana Enforcement Division, Department of Revenue | Herbal; Edibles & Infused Products; Tinctures; Concentrates | 1,800 plants | No | Yes – 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 | Both | 23 Citations | ||
Colorado
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 - 11/29/2015 | Marijuana Enforcement Division, Department of Revenue | Herbal; Edibles & Infused Products; Tinctures; Concentrates | 3,600 plants | No | Yes – 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 | Both | 17 Citations | ||
Colorado
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 - 9/29/2014 | Marijuana Enforcement Division, Department of Revenue | Herbal; Edibles & Infused Products; Tinctures; Concentrates | No | Yes – 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 | Both | 9 Citations | |||
Colorado
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 - 10/14/2013 | Marijuana Enforcement Division, Department of Revenue | Herbal; Edibles & Infused Products; Tinctures; Concentrates | No | Yes – 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 | Both | 8 Citations | |||
Colorado
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 - 5/27/2013 | Department of Revenue | Herbal; Edibles & Infused Products; Tinctures; Concentrates | No | Yes – License Required | 15% of sales (producer-level) | Possession; Consumption; Furnishing | Adult: Prohibited - THC limit and evidentiary standard not specified Youth: No specific prohibition | Both | 4 Citations | |||
Colorado | 1/1/2012 - 12/9/2012 | ||||||||||||
District of Columbia
Retail sales of cannabis are not authorized in the District of Columbia. | 2/26/2015 - 1/1/2021 | Herbal | No | No | Purchase; Possession; Consumption; Furnishing | Adult: Prohibited - THC limit and evidentiary standard not specified Youth: No specific prohibition | 10 Citations | ||||||
District of Columbia | 1/1/2012 - 2/25/2015 | ||||||||||||
Illinois
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 - 1/1/2021 | 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 | No | Yes – License Required | 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 | Both | 34 Citations | ||
Illinois | 1/1/2012 - 6/24/2019 | ||||||||||||
Maine
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 - 1/1/2021 | 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 | No | Yes – License Required | 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 | Both | 23 Citations | ||
Maine
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 - 5/1/2018 | 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 Required | Yes – License Required | 10% of sales (retail-level) | Purchase; Possession; Consumption; Furnishing | Adult: Prohibited - THC limit and evidentiary standard not specified Youth: No specific prohibition | Both | 16 Citations | ||
Maine
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 - 1/31/2018 | 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 Required | Yes – License Required | 10% of sales (retail-level) | Purchase; Possession; Consumption; Furnishing | Adult: Prohibited - THC limit and evidentiary standard not specified Youth: No specific prohibition | Both | 16 Citations | ||
Maine
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 - 8/1/2017 | 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 Required | Yes – License Required | 10% of sales (retail-level) | Purchase; Possession; Consumption; Furnishing | Adult: Prohibited - THC limit and evidentiary standard not specified Youth: No specific prohibition | Both | 16 Citations | ||
Maine
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 - 6/28/2017 | 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 Required | Yes – License Required | 10% of sales (retail-level) | Purchase; Possession; Consumption; Furnishing | Adult: Prohibited - THC limit and evidentiary standard not specified Youth: No specific prohibition | Both | 14 Citations | ||
Maine | 1/1/2012 - 1/29/2017 | ||||||||||||
Massachusetts
Retail Sales: Products Permitted: Cultivation Restrictions: Tax Imposed: | 11/1/2019 - 1/1/2021 | Cannabis Control Commission | Herbal; Edibles & Infused Products; Tinctures; Concentrates | 11 license tiers, with cultivation limits up to 100,000 sq ft canopy | Yes – License Required | Yes – 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 | Both | 13 Citations | ||
Massachusetts
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 - 10/31/2019 | Cannabis Control Commission | Herbal; Edibles & Infused Products; Tinctures; Concentrates | 11 license tiers, with cultivation limits up to 100,000 sq ft canopy | No | Yes – 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 | Both | 12 Citations | ||
Massachusetts
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 - 3/22/2018 | Cannabis Control Commission | Herbal; Edibles & Infused Products; Tinctures; Concentrates | No | Yes – 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 | Both | 9 Citations | |||
Massachusetts
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 - 7/27/2017 | Cannabis Control Commission | Herbal; Edibles & Infused Products; Tinctures; Concentrates | No | Yes – 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 | Both | 10 Citations | |||
Massachusetts | 1/1/2012 - 12/14/2016 | ||||||||||||
Michigan
Retail Sales: 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: | 7/3/2019 - 1/1/2021 | 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 Required | Yes – 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 | Both | 17 Citations | ||
Michigan
Retail Sales: Tax Imposed: | 5/1/2019 - 7/2/2019 | 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 | No | Yes – 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 | Both | 15 Citations | ||
Michigan
Retail Sales: Tax Imposed: | 12/6/2018 - 4/30/2019 | 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 | No | Yes – 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 | Both | 15 Citations | ||
Michigan | 1/1/2012 - 12/5/2018 | ||||||||||||
Montana
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 - 1/1/2021 | Herbal; Concentrates | No | No | Purchase; Possession; Consumption; Furnishing | Adult: Prohibited - 5 ng/mL limit (per se)
Youth: No specific prohibition | 3 Citations | ||||||
Montana | 1/1/2012 - 12/31/2020 | ||||||||||||
Nevada
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 - 1/1/2021 | Cannabis Compliance Board | Herbal; Edibles & Infused Products; Tinctures; Concentrates | No | Yes – 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 Control | 15 Citations | |||
Nevada
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 - 6/30/2020 | Department of Taxation | Herbal; Edibles & Infused Products; Tinctures; Concentrates | No | Yes – 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 Control | 21 Citations | |||
Nevada
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 - 6/30/2017 | Department of Taxation | Herbal; Edibles & Infused Products; Tinctures; Concentrates | No | Yes – License Required | 15% of sales (producer-level) | Purchase; Possession; Consumption; Furnishing | Adult: Prohibited - 2 ng/mL limit (per se) Youth: No specific prohibition | Local Control | 13 Citations | |||
Nevada
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 - 6/25/2017 | Department of Taxation | Herbal; Edibles & Infused Products; Tinctures; Concentrates | No | Yes – License Required | 15% of sales (producer-level) | Purchase; Possession; Consumption; Furnishing | Adult: Prohibited - 2 ng/mL limit (per se) Youth: No specific prohibition | Local Control | 12 Citations | |||
Nevada | 1/1/2012 - 12/31/2016 | ||||||||||||
New Jersey
Recreational Use Legalized: Tax Imposed: | 1/1/2021 - 1/1/2021 | Cannabis Regulatory Commission | Herbal | No | No | Purchase; Possession; Consumption; Furnishing | Adult: No specific prohibition Youth: No specific prohibition | 5 Citations | |||||
New Jersey | 1/1/2012 - 12/31/2020 | ||||||||||||
Oregon
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 - 1/1/2021 | 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 | No | Yes – License Required | 17% of sales (retail-level) | Purchase; Possession; Consumption; Furnishing | Adult: Prohibited - THC limit and evidentiary standard not specified Youth: No specific prohibition | Both | 25 Citations | ||
Oregon
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 - 4/20/2017 | 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 | No | Yes – License Required | 17% of sales (retail-level) | Purchase; Possession; Consumption; Furnishing | Adult: No specific prohibition Youth: No specific prohibition | Both | 23 Citations | ||
Oregon
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 - 6/27/2016 | 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 | No | Yes – License Required | 17% of sales (retail-level) | Purchase; Possession; Consumption; Furnishing | Adult: No specific prohibition Youth: No specific prohibition | Both | 21 Citations | ||
Oregon
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 - 12/31/2015 | Oregon Liquor Control Commission | Herbal; Edibles & Infused Products; Tinctures; Concentrates | No | Yes – License Required | 17% of sales (retail-level) | Purchase; Possession; Consumption; Furnishing | Adult: No specific prohibition Youth: No specific prohibition | Both | 11 Citations | |||
Oregon
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 - 10/4/2015 | Oregon Liquor Control Commission | Herbal; Edibles & Infused Products; Tinctures; Concentrates | No | Yes – License Required | Purchase; Possession; Consumption; Furnishing | Adult: No specific prohibition Youth: No specific prohibition | Both | 12 Citations | ||||
Oregon | 1/1/2012 - 6/30/2015 | ||||||||||||
Vermont
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 - 1/1/2021 | Cannabis Control Board | 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. | No | Yes – License Required | 14% of sales (retail-level) | Possession; Furnishing | Adult: Adult: No specific prohibition. Youth: No specific prohibition. | Both | 12 Citations | ||
Vermont
Retail sales and commercial cultivation of cannabis are not authorized in Vermont. | 7/1/2018 - 10/6/2020 | Herbal; Concentrates | No | No | Possession; Furnishing | Adult: No specific prohibition. Youth: No specific prohibition. | 6 Citations | ||||||
Vermont | 1/1/2012 - 6/30/2018 | ||||||||||||
Washington
Regulatory Agency: Products Permitted: Cultivation Restrictions: Retail Sales: Pricing Controls Imposed: Tax Imposed: Local Authority: | 3/25/2020 - 1/1/2021 | 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 | No | Yes – License Required | 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
Regulatory Agency: Products Permitted: Cultivation Restrictions: Retail Sales: Pricing Controls Imposed: Tax Imposed: Local Authority: | 7/24/2015 - 3/24/2020 | 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 | No | Yes – License Required | 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
Regulatory Agency: Products Permitted: Cultivation Restrictions: Retail Sales: Pricing Controls Imposed: Tax Imposed: Local Authority: | 7/1/2015 - 7/23/2015 | 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 | No | Yes – License Required | 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
Regulatory Agency: Products Permitted: Cultivation Restrictions: Retail Sales: Pricing Controls Imposed: Tax Imposed: Local Authority: | 4/24/2015 - 6/30/2015 | 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 | No | Yes – License Required | 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
Regulatory Agency: Products Permitted: Cultivation Restrictions: Retail Sales: Pricing Controls Imposed: Tax Imposed: Local Authority: | 6/12/2014 - 4/23/2015 | 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 | No | Yes – License Required | 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
Regulatory Agency: Cultivation Restrictions: Retail Sales: Pricing Controls Imposed: Tax Imposed: Local Authority: | 11/21/2013 - 6/11/2014 | 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 | No | Yes – License Required | 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
Regulatory Agency: Retail Sales: Pricing Controls Imposed: Tax Imposed: Local Authority: | 12/6/2012 - 11/20/2013 | Washington State Liquor Board | Herbal; Edibles & Infused Products; Tinctures; Concentrates | No | Yes – License Required | 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 | 1/1/2012 - 12/5/2012 |