Cannabis Policy Topics

Recreational Use of Cannabis

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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AL (Alabama)
1/1/2017  
AK (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/ . 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.

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.

1/1/2017YesMarijuana Control BoardHerbal; Edibles & Infused Products; Tinctures; Concentrates<500 sq ft for “limited” licenses (see note)Yes - License RequiredYes - License Required Yes$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 prohibitionBoth15 Citations
AZ (Arizona)
1/1/2017  
AR (Arkansas)
1/1/2017  
CA (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 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.

1/1/2017YesBureau of Marijuana Control; Department of Consumer Affairs; Department of Food and Agriculture; Department of Public HealthHerbal; Edibles & Infused Products; Concentrates13 license types, with cultivation limits ranging from 501 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; FurnishingAdult: No specific prohibition Youth: No specific prohibitionBoth25 Citations
CO (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 Allowed:
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.

1/1/2017YesMarijuana Enforcement Division, Department of Revenue Herbal; Edibles & Infused Products; Tinctures; Concentrates1,800 plants NoYes – License Required Yes15% of sales (producer-level); 10% of sales (retail-level)Purchase; Possession; Consumption; FurnishingAdult: Prohibited - 5 ng/mL limit (not per se) Youth: No specific prohibitionBoth23 Citations
CT (Connecticut)
1/1/2017  
DE (Delaware)
1/1/2017  
DC (District of Columbia)

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

1/1/2017YesHerbalNoNo Purchase; Possession; Consumption; FurnishingAdult: Prohibited - THC limit and evidentiary standard not specified Youth: No specific prohibition10 Citations
FL (Florida)
1/1/2017  
GA (Georgia)
1/1/2017  
HI (Hawaii)
1/1/2017  
ID (Idaho)
1/1/2017  
IL (Illinois)
1/1/2017  
IN (Indiana)
1/1/2017  
IA (Iowa)
1/1/2017  
KS (Kansas)
1/1/2017  
KY (Kentucky)
1/1/2017  
LA (Louisiana)
1/1/2017  
ME (Maine)

As of January 1, 2017, the governor’s certification of the passage of the Marijuana Legalization Act had not yet taken effect. For more information, see recently adopted ballot measures at: https://alcoholpolicy.niaaa.nih.gov/recently-adopted-cannabis-ballot-measures

1/1/2017  
MD (Maryland)
1/1/2017  
MA (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, as of January 1, 2017, 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.

1/1/2017YesCannabis Control CommissionHerbal; Edibles & Infused Products; Tinctures; ConcentratesNoYes - License Required  3.75% of sales (retail-level)Purchase; Possession; Consumption; FurnishingAdult: Prohibited - THC limit and evidentiary standard not specified Youth: No specific prohibitionLocal Control2 Citations
MI (Michigan)
1/1/2017  
MN (Minnesota)
1/1/2017  
MS (Mississippi)
1/1/2017  
MO (Missouri)
1/1/2017  
MT (Montana)
1/1/2017  
NE (Nebraska)
1/1/2017  
NV (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-month-of-marijuana-sales/ .

Tax Imposed:
General sales tax (6.85 percent) applies.

1/1/2017YesDepartment of TaxationHerbal; Edibles & Infused Products; Tinctures; ConcentratesNoYes – License Required 15% of sales (producer-level)Purchase; Possession; Consumption; FurnishingAdult: Prohibited - THC limit and evidentiary standard not specified Youth: No specific prohibitionLocal Control1 Citations
NH (New Hampshire)
1/1/2017  
NJ (New Jersey)
1/1/2017  
NM (New Mexico)
1/1/2017  
NY (New York)
1/1/2017  
NC (North Carolina)
1/1/2017  
ND (North Dakota)
1/1/2017  
OH (Ohio)
1/1/2017  
OK (Oklahoma)
1/1/2017  
OR (Oregon)

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 permittee 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 permittee 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.

1/1/2017YesOregon Liquor Control Commission Herbal; Edibles & Infused Products; Tinctures; Concentrates8 license tiers, with cultivation limits ranging from <= 625 sq ft to 40,000 sq ftNoYes – License Required Yes17% of sales (retail-level)Purchase; Possession; Consumption; FurnishingAdult: No specific prohibition Youth: No specific prohibitionBoth20 Citations
PA (Pennsylvania)
1/1/2017  
RI (Rhode Island)
1/1/2017  
SC (South Carolina)
1/1/2017  
SD (South Dakota)
1/1/2017  
TN (Tennessee)
1/1/2017  
TX (Texas)
1/1/2017  
UT (Utah)
1/1/2017  
VT (Vermont)
1/1/2017  
VA (Virginia)
1/1/2017  
WA (Washington)

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-recreational-marijuana.html . 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).

1/1/2017YesWashington State Liquor and Cannabis Board Herbal; Edibles & Infused Products; Tinctures; Concentrates3 license tiers, with cultivation limits ranging from < 2,000 sq ft to 30,000 sq ftNoYes - License Required Yes37% 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
WV (West Virginia)
1/1/2017  
WI (Wisconsin)
1/1/2017  
WY (Wyoming)
1/1/2017  
US ( United States)
1/1/2017