Cannabis Policy Topics

Recreational Use of Cannabis: Volume 2

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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1.
Jurisdiction
2.
Policies as of
3.
Recreational Use Legalized
4.
Vertical Integration Prohibited
5.
Industry Makeup
6.
Tracking System Requirements
7.
Use of Pesticides
8.
Health & Safety Warning Requirements
9.
Packaging Requirements
Advertising Restrictions 12.
Public Consumption
13.
Home Delivery
14.
Open Container
15.
Citations
10.
Youth
11.
General
Alabama (86)
1/1/2019   
Alaska (136)

Recreational Use Legalized:

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/ .

Health & Safety Warning Requirements:

Requires statement on label that ""[m]arijuana has intoxicating effects and may be habit forming and addictive"" and "[t]here are health risks associated with marijuana."

Packaging Requirements:

Container must be resealable.

Public Consumption:

With approval from the Marijuana Control Board, a licensed retail marijuana store is authorized to permit consumption of marijuana or a marijuana product purchased on the licensed premises, in a designated area on the licensed premises."

1/1/2019Yes Private EntitiesYesNo LawAmount of THC; Breastfeeding; Child Access; Impairment of Driving; Pregnancy; Serving Size; OtherChild-Proof/Resistant; OtherBothBothRestrictedProhibitedNo Law20 Citations
Arizona (88)
1/1/2019   
Arkansas (87)
1/1/2019   
California (139)

Recreational Use Legalized:

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).

Vertical Integration Prohibited:

A “microbusiness” license allows for the cultivation of marijuana on an area less than 10,000 square feet and to act as a licensed distributor, manufacturer, and retailer.

Industry Makeup:

The Bureau shall, by January 1, 2018, investigate the feasibility of creating one or more classifications of nonprofit licenses under this section. Any local jurisdiction may issue temporary local licenses to nonprofit entities primarily providing whole-plant marijuana and marijuana products and a diversity of marijuana strains and seed stock to low-income persons.

Health & Safety Warning Requirements:

Labels on marijuana products shall state that "The intoxicating effects of marijuana products may be delayed up to two hours."

Packaging Requirements:

Marijuana products are required to: (1) Not be appealing to children or easily confused with commercially sold candy or foods that do not contain marijuana, (2) be produced and sold with a standardized dosage of cannabinoids not to exceed 10 mg of THC per serving, (3) be delineated or scored into standardized serving sizes if the product contains more than one serving and is an edible product in solid form, and (4) be homogenized to ensure uniform disbursement of cannabinoids throughout the product. If the product is an edible product, the package shall be opaque.

Public Consumption:

State law authorizes localities to allow on-premises consumption if certain conditions are met. APIS does not address policies established by local governments.

1/1/2019Yes Private EntitiesYesRestricted; Testing RequiredAmount of THC; Breastfeeding; Child Access; Impairment of Driving; Pregnancy; Presence of Cannabis or THC; Serving Size; OtherChild-Proof/Resistant; Dose-Limited; Tamper-Evident; OtherBothBothProhibitedAllowedProhibited17 Citations
Colorado (158)

Recreational Use Legalized:

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 .

Vertical Integration Prohibited:

A retail marijuana store or a marijuana products manufacturer may cultivate its own retail marijuana if it obtains a retail marijuana cultivation facility license. (Colo. Rev. Stat. §§ 12-43.4-402, 404.)

Use of Pesticides:

Although the effective date of Colorado's enacting legislation establishing a mandatory Pesticide Testing requirement was January 1, 2018, the requirement did not become fully implemented and enforceable until August 1, 2018.

Packaging Requirements:

A multi-serving liquid must: (1) be packaged in a structure that uses a single mechanism to achieve both child-resistance and accurate pouring measurement of each liquid serving in increments equal to or less than 10 mg of active THC per serving, with no more than 100 mg of active THC total per package; and (2) the measurement component is within the child-resistant cap or closure of the bottle and is not a separate component.

Open Container:

Colorado’s open container prohibition requires “evidence that marijuana has been consumed within the motor vehicle.” APIS does not include laws with such restrictions for purposes of this variable.

1/1/2019Yes Private EntitiesYesRestricted; Testing RequiredAmount of THC; Breastfeeding; Child Access; Impairment of Driving; Pregnancy; Presence of Cannabis or THC; Serving SizeChild-Proof/Resistant; Dose-LimitedBothBothProhibitedProhibitedNo Law28 Citations
Connecticut (91)
1/1/2019   
Delaware (93)
1/1/2019   
District of Columbia (143)
1/1/2019Yes  Prohibited11 Citations
Florida (94)
1/1/2019   
Georgia (95)
1/1/2019   
Hawaii (96)
1/1/2019   
Idaho (98)
1/1/2019   
Illinois (99)
1/1/2019   
Indiana (100)
1/1/2019   
Iowa (97)
1/1/2019   
Kansas (101)
1/1/2019   
Kentucky (102)
1/1/2019   
Louisiana (103)
1/1/2019   
Maine (169)

Recreational Use Legalized:

The creation of a licensing system governing retail sales was mandated on January 30, 2017. However, as of January 1, 2019, retail sales had not yet begun in Maine.

Vertical Integration Prohibited:

An applicant may be granted more than one type of license, except that a person licensed as a retail marijuana testing facility may not hold any other retail marijuana establishment license. 

1/1/2019Yes Private EntitiesYesTesting RequiredAmount of THC; Presence of Cannabis or THC; Serving SizeChild-Proof/Resistant; Dose-Limited; Tamper-Evident; OtherBothBothProhibitedProhibitedNo Law8 Citations
Maryland (105)
1/1/2019   
Massachusetts (163)

Recreational Use Legalized:

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.

Public Consumption:

State law authorizes localities to allow on-premises consumption by municipal initiative. APIS does not address policies established by local governments.

1/1/2019Yes Private EntitiesYesRestricted; Testing RequiredAmount of THC; Breastfeeding; Child Access; Impairment of Driving; Pregnancy; Presence of Cannabis or THC; Serving Size; OtherChild-Proof/Resistant; Dose-Limited; Tamper-Evident; OtherBothBothProhibitedProhibitedProhibited9 Citations
Michigan (165)

Public Consumption:

State law authorizes municipalities to allow on-premises consumption if certain conditions are met. APIS does not address policies established by local governments.

1/1/2019Yes Private Entities Child-Proof/ResistantProhibited5 Citations
Minnesota (108)
1/1/2019   
Mississippi (110)
1/1/2019   
Missouri (109)
1/1/2019   
Montana (111)
1/1/2019   
Nebraska (114)
1/1/2019   
Nevada (150)

Recreational Use Legalized:

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... .

Home Delivery:

Before transportation, retail marijuana store agent must confirm verbally with consumer by telephone that consumer is 21 years of age or older and ordered marijuana or marijuana products and verify the identity of the consumer; then, enter details of confirmation in a log which must be available for inspection by law enforcement agency and by Department.

Health & Safety Warning Requirements:

Nevada requires that retail cannabis stores include a written notification with each sale of product which advises the purchaser, "That the intoxicating effects of marijuana products may be delayed by 2 hours or more and users of marijuana products should initially ingest a small amount of the product containing no more than 10 milligrams of THC, then wait at least 2 hours before ingesting any additional amount of the product."

1/1/2019Yes Private Entities RestrictedAmount of THC; Child Access; Impairment of Driving; Pregnancy; Presence of Cannabis or THC; Serving Size; OtherChild-Proof/Resistant; Dose-LimitedBothBothProhibitedAllowed with RestrictionsNo Law11 Citations
New Hampshire (115)
1/1/2019   
New Jersey (116)
1/1/2019   
New Mexico (117)
1/1/2019   
New York (119)
1/1/2019   
North Carolina (112)
1/1/2019   
North Dakota (113)
1/1/2019   
Ohio (120)
1/1/2019   
Oklahoma (121)
1/1/2019   
Oregon (152)

Vertical Integration:

In Oregon, the same person may hold one or more production licenses, one or more processor licenses, one or more wholesale licenses, and one or more retail licenses.

Packaging Requirements:

Packaging must not be attractive to minors (Or. Rev. Stat. § 475B.615). Licensees may not use a mark or label on the container of a marijuana item if the container does not clearly indicate the nature of the container's contents or if the mark or label in any way might deceive a customer as to the nature, composition, quantity, age or quality of the marijuana item (Or. Rev. Stat. § 475B.232).

1/1/2019Yes Private EntitiesYesRestricted; Testing RequiredChild-Proof/Resistant; OtherBothBothProhibitedAllowed with RestrictionsNo Law22 Citations
Pennsylvania (123)
1/1/2019   
Rhode Island (124)
1/1/2019   
South Carolina (125)
1/1/2019   
South Dakota (126)
1/1/2019   
Tennessee (127)
1/1/2019   
Texas (128)
1/1/2019   
Utah (129)
1/1/2019   
Vermont (159)
1/1/2019Yes  ProhibitedProhibited5 Citations
Washington (155)

Packaging Requirements:
Child-Proof/Resistant only applies to marijuana-infused products and concentrates.  Dose-Limited only applies to marijuana-infused solid edibles. Beginning on January 1, 2019, Tamper-Proof/Resistant applies to marijuana-infused products and concentrates. Prior to January 1, 2019, Serving Size applied only to marijuana-infused products. Beginning on January 1, 2019, Serving Size applies to marijuana and marijuana product labels generally.

1/1/2019Yes Private EntitiesYesRestricted; Testing RequiredAmount of THC; Breastfeeding; Child Access; Impairment of Driving; Pregnancy; Presence of Cannabis or THC; Serving Size; OtherChild-Proof/Resistant; Dose-Limited; Tamper-Proof/ResistantBothBothProhibitedProhibitedProhibited13 Citations
West Virginia (133)
1/1/2019   
Wisconsin (132)
1/1/2019   
Wyoming (134)
1/1/2019   
United States (84)
1/1/2019